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Full text of "Federal And Unified Constitutions"

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This book should be returned on or before the date last marked below. 



[UNIVERSITY OF LONDON HISTORICAL SERIES, No. II] 



FEDERAL AND UNIFIED 
CONSTITUTIONS 



FEDERAL AND UNIFIED 
CONSTITUTIONS 

A COLLECTION OF CONSTITUTIONAL DOCUMENTS 
FOR THE USE OF STUDENTS 



EDITED, WITH A HISTORICAL INTRODUCTION 
BY 

ARTHUR PERCIVAL NEWTON 

M.A., D.LiT., B.Sc., F.'S.A. 

RHODES PROFESSOR OK IMPERIAL HISTORY IN THK 
UNIVERSITY OF LONDON 



LONGMANS, GREEN AND CO. 
39 PATERNOSTER ROW, LONDON, E.G. 4 

NEW YORK, TORONTO 

BOMBAY, CALCUTTA AND MADRAS 

1923 



Made in Great Britain 



PREFACE. 

THIS collection of documents relating to Federal and 
Legislative Unions has been prepared, in the first place, 
for the use of students in the Honours School of History 
in the University of London who are working on the 
special subject, " The Unification of South Africa." 

Certain constitutions are among the most familiar of 
political documents, and there are numberless commen- 
taries upon them ; but comprehensive collections of docu- 
ments of this sort are lacking, and the assembling together 
in one volume of most of the historically important federal 
constitutions of modern times may, perhaps, be of general 
use to students of political institutions. In certain cases 
the device of legislative union has been preferred to federa- 
tion, and some constitutional instruments embodying this 
device have been included for purposes of comparison. 
Some federal constitutions have had no long-continued 
existence, but are historically important as expressing 
particular points of view, or as directed to cope with 
particular dangers. Such are the New England Con- 
federation of 1643, the Constitution of the Confederate 
States of America df 1861, and the abortive New Zealand 
Provincial Constitution of 1852. The Constitution of the 
Republic of the United States of Brazil has been included 
as an example of the important but comparatively little 
known constitutions of Latin America. The latest ex- 
ample of constitution-making, the constitution of the 



vi PREFACE 

German Reich may profitably be compared with its 
predecessor, the constitution of the North German Con- 
federation of 1867, which served the German Empire 
from 1871 to the revolution of November, 1918. 

Certain extracts from the speeches of the statesmen con- 
cerned in the setting-up of the new constitutions have 
been included in order to shew something of the ideas 
that moved them. Considerations of space have severely 
limited such selections, but students who are desirous of 
extending their reading in this direction, may be referred 
to Elliot's Debates on the Federal Constitution, Alexander 
Hamilton's arguments in the Federalist, and Messrs. 
Egerton and Grant's Canadian Confederation, which con- 
tain much valuable material of a similar kind in relation 
to the United States and the Dominion of Canada. Ee- 
sponsible government in the British Empire is so closely 
bound up with federation that no apology is necessary for 
the* inclusion of extracts concerning it. 

My acknowledgments are due to my former pupil 
Mr. Laurence Hollingsworth, B.A., now of the Depart- 
ment of Education, Zanzibar, for his patient and skilled 
assistance in preparing the various documents for the 
press. 

A. P. N. 

UNIVERSITY OP LONDON, 
KING'S COLLEGE, 

29 September, 1923. 



TABLE OF CONTENTS. 

PAGE 

Preface ............. v 

Historical Introduction .......... 1 

The Perpetual League between the Three Swiss Forest Communities. 

1 August, 1291 41 

The Act of Union of the United Provinces of the Netherlands Tho 

Union of Utrecht. 23 January, 1579 43 

The Confederation of the Colonies of New England. 19 May, 1643 50 
Act of Parliament for the Union of the Two Kingdoms of England and 

Scotland. 6 Anne, cap. 11. 6 March, 1706-7 .... 56 
The Declaration of Independence of the Thirteen American Colonies. 

4 July, 1776 66 

Articles of Confederation of the United States of America. 15 No- 
vember, 1777 70 

Annapolis Resolutions, 14 September, 1786 77 

Constitution of the United States of America. 17 September, 1787 BO 
Amendments to the Constitution of the United States .... 94 
Federal Pact between the Twenty-two Cantons of Switzerland. 

7 August, 1815 100 

Act of Parliament uniting Upper and Lower Canada. 3 and 4 Viet. 

cap. 35. 23 July, 1840 109 

Despatches concerning the Establishment of Responsible Government 
in Nova Scotia : 
Earl Grey to Lieu tenant-Governor Sir John Harvey, K.C.B. 

3 November, 1846 126 

The Same to the Same. 31 March, 1847 131 

Act of Parliament establishing Municipal Corporations, etc., in New 

Zealand. 9 and 10 Viet. cap. 103. 28 August, 1846 . . .139 
Act of Parliament establishing Provincial Councils and a General As- 
sembly in New Zealand. 15 and 16 Viet. cap. 72. 30 June, 1852 146 
Constitution of the Confederate States of America. 11 March, 1861 . 156 
The Quebec Resolutions precedent to the Confederation of British 

North America. 10 October, 1864 164 

Speech of Attorney-General Macdonald on the Confederation of British 

North America. 6 February, 1865 177 

vii 



riii TABLE OF CONTENTS 

PAGE 

Speech of the Earl of Carnarvon, Secretary of State for the Colonies, in 

introducing the British North America Bill. 19 February, 1867 . 191 

Act of Parliament for the Confederation of the Colonies of British 
North America as the Dominion of Canada. 30 Viet. cap. 3. 29 
March, 1867 200 

Amendments affecting certain Provisions of the British Nortli America 

Act of 1867 236 

Constitution of the North German Confederation (16 April, 1867) and 

of the German Empire, 16 April, 1871 239 

Act of Parliament establishing the Federation of the Leeward Islands. 
- 34 and 35 Viet. cap. 107. 21 August, 1871 263 

Constitution of the Swiss Confederation. 29 May, 1874 . . . 270 

Act of Parliament establishing a Federal Council of Australasia. 

48 and 49 Viet. cap. 60. 14 August, 1885 205 

Constitution of the Republic of the United States of Brazil. 24 Feb- 
ruary, 1891 302 

Speech of the Kight Hon. Joseph Chamberlain, M.P., Secretary of 
State for the Colonies, in introducing the Commonwealth of 
Australia Bill. 14 May, 1900 311 

Act of Parliament establishing the Commonwealth of Australia. 63 

and 64 Viet. cap. 12. 9 July, 1COO 324 

Act of Parliament establishing the Union of South Africa. 9 Edw.VII. 

cap. 7. 20 September, 1909 359 

Constitution of the Gorman Republic. 11 August, 1919 . . . 408 

Index 437 



HISTOKICAL INTRODUCTION. 

1. 

" BY a Sovereign State," says Bernard, 1 " we mean a community 
or number of persons permanently organized under a sovereign 
government of their own ; and by a sovereign government we 
mean a government, however constituted, which exercises the 
power of making and enforcing law within a community, and 
is not itself subject to any superior government. These two 
factors, one positive, the other negative the exercise of power 
and the absence of superior control compose the notion of 
sovereignty, and are essential to it." The idea of a State neces- 
sarily implies a fixed abode within territory definitely belonging 
to and occupied by its citizens, who pay habitual obedience to 
those persons in whom superiority is vested. This obedience is 
rendered in deference to the so-called " internal sovereignty," 
which is vested in the rulers of the state either by traditional 
usage or by the provisions of a written constitution. The " ex- 
ternal sovereignty " of the state consists in its independence in 
respect to all other political societies, and this is in theory re- 
stricted only by a body of usages that have received the general 
assent of mankind and are termed International Law. The 
sovereignty of a state, both internal and external, has either be- 
come vested in it in the course of far-back ages when civil society 
was gradually shaping itself, or it has been acquired in modern 
times by a definite act. Internal sovereignty was formally 

1 Bernard, M., " Neutrality of Great Britain during the American Civil 
War," p. 107. 

1 



2 FEDBEAL AND UNIFIED CONSTITUTIONS 

assumed upon the completion of the written instrument whereby 
the citizens of the new state declared their independence of the 
political community to which they formerly owned allegiance. 
But external sovereignty became full and complete only when 
that political community formally acquiesced in the separation. 
A state is a fluctuating body as to the individual members of 
which it is composed, but as to the society it is one and the same 
body whose existence is perpetuated by a constant succession of 
new members. It differs from other states in having a different 
origin, and its existence continues either until society is com- 
pletely dissolved into anarchy, or until it is merged into some 
other state. The merging may be complete either by conquest 
or by voluntary absorption, in both of which cases the existence 
of the merged state has qome to an end. Within modern times 
states have in certain cases formed permanent associations one 
with another wherein, while still retaining some part of their 
own sovereign power and separate existence, they have resigned 
a portion of their sovereignty into the hands of a common 
authority. To such an act of association the term " federation " 
is applied, while a more complete but still voluntary association, 
by which the existence of two or more states is merged in that 
of a newly founded state, is called " unification." The written 
instrument whereby these changes are made of legal effect and 
the new relations of the citizens to the sovereign power are 
regulated are called respectively " federal " and " unified con- 
stitutions." A federal constitution only regulates the relations 
of the associated states with one another and of them and their 
citizens with the central power. The relations of the citizens 
with the surviving state * government remains after federation 

1 In some federations the word state is used in two different senses *, in 
the first place to represent the whole political community, and in the second 
the associates who have resigned a portion of their sovereignty. This usage 
is employed in Germany, the United States of America, Australia, and the 
federations of Latin America. In Canada the associates are called "pro- 
vinces " and in Switzerland " cantons.' 



HISTORICAL INTRODUCTION 3 

still regulated to a considerable extent by its own constitution. 
When the associating states merge their existence under a uni- 
fied constitution, their earlier constitutions are destroyed save in 
so far as is provided by the new instrument. This now becomes 
the fundamental law regulating the relation between the sovereign 
power and the citizens. 

In every case where federation or voluntary unification of 
previously independent states has taken place, an enquiry into 
their history shows that they have long been in closer political 
contact and have had far more interests in common than is usual 
between independent states. Their act of permanent association 
is the result of causes that have long been at work, and it is 
precipitated by some sudden access of difficulty or danger that 
has a common effect upon all the associates. In certain cases, 
however, a federal relation between separately governed political 
communities may be reached in an opposite direction. A cen- 
traj^zsed or unitary state may attempt to cope with political 
difficulties by the grant of a separate and inalienable legal status 
to groups of citizens living in an outlying portion of its territory 
whose administration from the centre is inconvenient. Such 
cases have been frequent in the British Empire, and in the 
United States and Canada newly settled territories, which were 
at first administered from the centre, have, after a time, been 
erected into full States of the Union or Provinces of the Do- 
minion, and thus placed upon a footing of equality with the 
originally associating states. All these cases are of modern date, 
and their consideration lies rather beyond that of the essential 
principles of federation. 

Simple states have in the course of history become linked 
together in many ways and in varying degrees of intimacy, and 
this linking may considerably affect their relations with other 
powers. Unions are usually classified under three heads : (1) 
Personal Unions, (2) Real Unions, and (3) Federal Unions. 
The typical "personal " union was that which existed between 
Great Britain and Hanover between 1714 and 1837. The 



4 FEDERAL AND UNIFIED CONSTITUTIONS 

sovereignty of each state remains unimpaired though each is 
ruled over by the same prince ; their relations with other powers 
are distinct, and the states are in no sense regarded as one cor- 
poration in international law. A " real" union exists when two 
or more sovereign states, each preserving its internal sovereignty 
with distinct fundamental laws and political institutions, merge 
their external sovereignty and appear as one in their relations 
with foreign powers. Scotland and England were in such a real 
union under a single monarch between 1603 and 1707 ; Austria 
and Hungary, though separate sovereign states, were in real union 
from the Pragmatic Sanction of 1723 down to 1849, and again 
from 1867 to 1918, appearing in international affairs as a single 
power, the Austro-Hungarian Empire. Sweden and Norway 
were in like situation from 1815 to the Treaty of Karlstad in 
1905, by which their separation was effected. In practically 
every case real and personal unions have come about between 
monarchies and their union has generally been effected by 
dynastic causes. Federal unions are more complex in their de- 
velopment and must be approached from a different angle. 

Independent states may enter into contracts with one 
another to accomplish certain purposes of common interest 
without in any way derogating from their complete sovereignty. 
Such contracts are called "treaties." As a rule treaties of 
alliance are temporary in character and are directed to a par- 
ticular purpose, but some are of a much more sweeping kind 
and bind the contracting powers in stipulated circumstances to 
give unlimited aid one to the other, including assistance in the 
waging of offensive or defensive war. Such treaties of alliance 
may be so comprehensive in their provisions as to compel the 
allies to undertake common action in almost all their foreign 
relations but, as a rule, any such alliance does not exist for long. 
It either develops into a permanent and closer association, or 
is dissolved in favour of some fresh grouping of allies. In 
certain instances in past centuries where the association between 
the states lasted for a long period and especially where the 



HISTORICAL INTRODUCTION 5 

allies were individually weak but collectively strong, the alliance 
was called a league. More than one such league developed into 
a permanent association and acquired machinery for common 
action. It thus became what is known as a " confederation," a 
Staatenbund, wherein the associates were no longer such fully 
independent states as before, for they had certainly resigned 
some portion of their sovereignty into the hands of the central 
body. The states are connected together by a compact which 
does not essentially differ from an ordinary treaty of alliance, 
and the internal sovereignty of each state remains unimpaired, 
for the resolutions of the federal body are not enforced upon 
individual citizens, but through the agency of each state govern- 
ment which gives to them the force of law. But the external 
sovereignty of the confederated states is as a rule diminished, as 
in the case of a real union. The confederates bind themselves 
not to enter into relations with foreign powers independently 
of one another, and resign the greater part of their external 
sovereignty into the hands of the confederation. Confederate 
unions have differed widely in the extent to which this resigna- 
tion of power has been carried, and it is therefore difficult to 
distinguish them in the beginning from close alliances. They 
have not as a rule proved satisfactory to their members for long, 
and have either broken up, or passed into the closer form of 
association called " federal union/' or have become completely 
merged into a single unitary state. 

A " federal state " (compositive state, Bundesstaat) is a 
perpetual union of several sovereign states based first upon a 
treaty between those states or upon some historical status com- 
mon to them all, and secondly upon a federal constitution ac- 
cepted by their citizens. The central government acts not only 
upon the associated states but also directly upon their citizens. 
Both the internal and external sovereignty of the states is 
impaired, and the federal union in most cases alone enters into 
international relations. This is not, however, invariably the 
case, for under the strictly federal union of the German Empire, 



6 FEDEKAL AND UNIFIED CONSTITUTIONS 

which existed from 1871-1918, the member states retained some 
of their external sovereignty and some power of entering into 
treaty relations with one another and with foreign states. On 
the other hand, in the typical federal union, that of the United 
States of America under the Constitution of 1789, the external 
sovereignty of the associate states has been entirely absorbed by 
the Federal State, and only their internal sovereignty remains. 
But even this is rather a matter of legality and convenience of 
government than of fundamental importance ; since the close of 
the Civil War, in which it was proved conclusively that the 
Union was one and indivisible, the Federal government has 
completely overshadowed the states in all political matters. 

2. 

Most writers on Federalism have devoted a considerable part 
of their attention to the federal unions that were formed among 
certain of the city states of Ancient Greece. To the student of 
political theory they afford much interest and a basis for com- 
parison with modern federations, but there is no historical con- 
nexion, and the historian must trace the beginnings of the 
European associations of to-day amid the happenings of the 
Middle Ages. Two sharply distinct lines of descent are to be 
traced among modern federal unions, the first leading from the 
mediaeval Empire to the Swiss and German Confederations, the 
second in quite a different way to the federations and unions of 
the English-speaking world which have exercised so considerable 
an influence on constitutional development in Latin America. 
These lines of descent demand attention in turn, and, since the 
continental line has much the earlier origin, it may be considered 
first. 

The nominal sovereignty of the Carolingian emperors over 
the whole of Christendom, that was a fundamental conception 
under Charlemagne and his immediate successors, had,- com- 
pletely broken down by the end of the eleventh century, (it had 
K *<m f l0 some extent revived under the Saxon emperors, but even 



HISTOEICAL INTRODUCTION 7 

at the height of their power the little effective suzerainty that 
could be exercised embraced only Germany, Switzerland, Bur- 
gundy and the Low Countries, and the ancient Lombard king- 
dom in North Italy. \ But the rise of the great feudal vassals 
broke down the control of the central power in these regions 
under weak emperors, and every part of the empire strove to 
free itself from all outside interference, ffiy the middle^ of^ t&e 
twelfth century the cities of the Lombard Plain had become 
practically independent states, and it is among them that the 
first sign of re-grouping into new combinations is found in the 
growth of the Lombard Leagues to withstand the reassertion of 
Imperial control.} Milan, Lodi, Piacenza, and Cremona first 
leagued together as early as 1093^ against the Emperor Henry 
IV, but the great League was formed in 3jL67__to oppose joint 
military resistance to the designs of Frederick Barbarossa, who 
attempted to enforce ancient Imperial restrictions in Italy. 
The decisive struggle began in 1174 and lasted till 1183, when 
at the Peace of Constance Frederick acknowledged defeat 
and the Imperial power in Italy became merely nominal. But 
the struggle was renewed when Frederick II intervened in 
Italian^affairs^ and fresh leagues wereTSl'lUBfl TO"i*e"sist him be- 
tween 122j3^and the final downfall of the Hohenstaufen about 
1250. While the dangers to be faced were acute, the associa- 
tion between the members of the Lombard Leagues was very 
close and almost amounted to " confederation " under the rule 
of a congress meeting at irregular intervals and known as the 
Hectares Societatis Lombardia, but the attacks of the emperors 
were beaten off in so comparatively short a time that their menace, 
was insufficient to hammer the temporary leagues into a perma- 
nent confederation. 

The exhaustion of the Hohenstaufen emperors in their 
Italian struggles and the weakriess~oi tKose who succeeded them 
threw all centralized power in Germany into almost complete 
abeyance, leaving the richer and more powerful cities as practi- 
cally independent powers, though all acknowledged the nominal 



8 FEDERAL AND UNIFIED CONSTITUTIONS 

sovereignty of the Emperor. But the decay of government went 
so far during the thirteenth century as to form a serious menace 
to all commerce and even to civilization. Under these circum- 
stances neighbouring cities or those having common interests 
began to associate themselves together into leagues, the most 
important of which was the Rhenish Confederation, (Eheinischer 
Stadtebund), formed in 1254 among the towns of the Rhine 
valley from Basle to Cologne. The league not only had a com- 
mercial purpose in safeguarding common economic interests, 
but also was of great political importance in withstanding the 
attacks of Jiostile princes. Its constitution was very loose, but 
the representatives of the associated city states met together in 
assemblies called Colloquia at stated intervals to decide upon 
common policy and to apportion the military quotas to be pro- 
vided by each member of the league. There was a rudimentary 
federal court to act as arbiter in disputes between members, 
widugh it had little effective power to enforce its decisions. 
The Rhenish Confederation lasted for about a century, but it 
broke up before the rising power of the Habsburgs ; various 
leagues of lesser strength and less cohesiorPtvereiormed in 
South Germany, and the northern cities joined the more formid- 
able and longer-lived Hanseatic League, which not only had 
purposes of defence but a real and fairly effective federal organ- 
ization. 

While Italian and German city states were entering into 
association to withstand the exercise of the Imperial power, a 
similar process of rudimentary confederation was going on 
among the petty rural communities of central Switzerland for 
defence against the encroachments on their liberties and the 
domination of their neighbour the Count of Habsburg. Three 
remote districts in the heart of the Swiss mountains, Schwyz, 
Uri, and Untenwalden, had in the course of the struggles between 
the Hohenstaufen emperors and the Papacy secured their free- 
dom from their lords, and in one way or another had come to 
hold immediately of the Emperor, who was, as a rule, too pre- 



HISTOEICAL INTRODUCTION 9 

occupied to interfere. This reichsfreiheit gave them many 
valuable privileges, and they defended it only with much diffi- 
culty and repeated assistance one to another from 1231 to 1291, 
when Eudolf III, the Habsburg emperor, died. His death re- 
lieved the immediate pressure upon them, and at once the men 
of the Forest communities determined upon a renewal of their 
earlier alliances in a more complete and solemn form. The re- 
sulting perpetual league was solemnly concluded on 1 August, 
1291, and forms the earliest constitutional document of the 
Swiss Confederation and the earliest federal pact of modern 
times. 

The league thus formed might have been no more permanent 
than those between the Suabian or Italian towns had it not 
been for the continual menace of the Habsburg power. The 
attack of Leopold of Austria was beaten off at Morgarten in 
1315 and the pact of confederation renewed, the original league 
oTTn"ree states being joined in 1339 by the city of Lucerne,. 
The constant hostilities between Austria and her neighbours 
during the fourteenth century drove other communities one by 
one to seek the help of the confederates of the four Forest 
Cantons and to enter into league with them. Bern, Zurich, 
Glarus, and Lug were included, and by the Pfaffenbrief of 1370 
and the Covenant of Sempach of 1393 the confederation received 
a rudimentary political constitution that marked it off from a 
mere temporary alliance, for_the principle of decision by a 
majprity_w.aaintrQdiiQed- .On many occasions during the fifteenth 
century divergencies of policy between the confederates led to 
civil war and threatened the break up of the league, but in the 
long run the danger from external enemies proved too menacing 
for the disruptive tendencies to succeed. The war against 
Charles the Bold of Burgundy involved prolonged action in 
common, and though it was followed by serious quarrels which 
seemed to threaten the immediate dissolution of the Confedera- 
tion, at last a complete understanding was reached in the 
Covenant of Stans, 14:81, wherebv the control of the federal 



10 FEDEKAL AND UNIFIED CONSTITUTIONS 

Diet over the confederates was strengthened and the Sonder- 
bund or separate alliance of five cities within the confederation 
was brought to an end. Frihourg and Solothurn were at the 
same time admitted as new members, Basle and Schaffbausen 
in 1501, and Appenzell in 1513, thus completing the list of free 
communities within the Bund. On the constitutional basis of 
the four instruments mentioned all the relations of the con- 
federates were governed until 1798, though with constant in- 
ternal friction. The agreements on which the confederacy was 
based were concluded between the governments of the various 
cantons and not between their citizens. No such thing as a 
Swiss people could be said to exist, political rights were most 
unevenly distributed, and there were repeated revolts against 
oligarchical tyranny. But community of interest generally 
compelled the cantons to common action towards outsiders, as 
it did in the similar but lesser League of the Grisons com- 
munities and the republic of the Valais, which in the sixteenth 
century came to associate regularly with the Swiss cantons in 
foreign affairs. Confederation was clearly a matter of prolonged 
growth induced by common interests in the face of external 
menace. 

While in the south-west the Swiss confederation was slowly 
being consolidated under the threat of Habsburg tyranny, the 
great commercial cities of North Germany were being urged in 
the direction of a federal association more by economic than by 
political causes, fene Hanseatic League took its rise at the 
beginning of the thirteenth century in various associations of 
merchants to control the Baltip trade, but it only became im- 
portant after the alliance of the three cities, I^ubfck, Bostock, 
and Wismar for the protection of their traders in thePwild 
countries of the north and east. These alliances were at first 
of a temporary character and were negotiated after the fashion 
of an ordinary treaty, but in face of the exactions of the King 
of Denmark upon their commerce and his attacks upon their 
trading factories, the association of the towns became much 



HISTOEICAL INTRODUCTION 11 

closer and took on a political character, since it provided for 
a common military force. External menace acting along with 
community of economic interest welded the cities into a con- 
federation from 1367 onwards in a somewhat similar fashion to 
what was going on among the Swiss cantons. At the height of 
its prosperity the Hanseatic League was a real confederation, 
governed in common matters by an assembly of instructed 
delegates called the Bundestag or Hansetag, in which a decision 
could be reached by a majorrEy^vote! But the greater cities 
could not always be relied upon to obey the mandates of the 
Bundestag, and they steadily refused to accept the terms societas 
or universitas as correct descriptions of the League. It was to 
them merely firma confederatio, and they always retained their 
freedom to secede from it. With the complete break-up of the 
Empire in the later sixteenth century and the convulsions of the 
Thirty Years' War, the inherent weakness of the League, that 
resulted from the geographical dispersion of its members, ac- 
celerated its collapse. Political interests in the long-run proved 
themselves more powerful than economic, and owing to differing 
geographical circumstances they were necessarily disruptive. 
Only Liibeck, Bremen, and Hamburg remained in alliance in 
1629, and by the time of the Peace of Westphalia (1648) the 
League had ceased to exist. 

The organization of the Holy Koman Empire duringjts last 
three centuries of decay (1526-18SSyis~of little or no importance 
to the student of federalism, for despite its nominal form of a 
loose confederation, any little cohesion that it had derived only 
from feudal conceptions. The states were independent one of 
another, and entered into fresh groupings and alliances that 
usually overstepped the Empire's borders, and were guided ac- 
cording to the general changes of the European situation. No 
real central power existed, and the only way of securing obedi- 
ence was by undertaking war. Neither community of race nor 
of language has much influence in welding together a confedera- 
tion when political and economic causes are adverse. 



12 FEDEKAL AND UNIFIED CONSTITUTIONS 

The last and in some ways the most significant European 
confederation before the nineteenth century arose among the 
cities and little feudal states on the extreme north-western con- 
fines of the Empire. There during the fourteenth and fifteenth 
centuries there was built up, partly from territories owing 
nominal allegiance to the Empire and partly from non-Imperial 
lands, a composite group of states that though they had many 
similar political privileges, held them independently one of 
another as the achievements of gradual historic growth. Only 
one political obligation became common to them all, allegiance 
to the same sovereign the Duke of Burgundy, but about the 
middle of the fifteenth century the Dukes when they required 
the grant of subsidies began to appeal not to individual pro- 
vinces, but to delegates from them all summoned to meet in 
Estates-General. No merging of power was involved, but com- 
munity of allegiance led to the development of a common 
political organ and thus to rudimentary confederation. After a 
time the meetings of the States-General were not solely confined 
to the apportionment of responsibility for grants to the prince, 
but took to the discussion of matters of common interest like 
the appointment of a regent. Though the growth of a sense of 
community throughout the seventeen provinces of the Nether- 
lands was very rapid during the hundred years between 1450 
and 1550, the provinces jealously preserved their independence 
one of another, and there was little in common save the princely 
power. 

When in the middle of the sixteenth century the place of 
overlord came to be filled by a King of Spain who was entirely 
despotic in temper, the men of every province found themselves 
threatened with the loss of their historic privileges or their 
drastic modification to bring about an artificial uniformity. The 
menace was economic as well as political, for the prosperity of 
i the cities was impaired by the imposition of excessive taxation 
to meet the heavy military expenses and the frequent embargoes 
on commence that were necessitated by Spain's adventurous 



HISTORICAL INTRODUCTION 13 

foreign policy. These political and economic causes were 
brought to a head and their effects made more acute by the 
rigours of religious persecution, until finally the troubles culmin- 
ated in 1568 in the outbreak of revolt against Spanish authority 
and the opening of the war that was to last for eighty years. 

The war led at first to no breach in the continuity of 
political development, for the fiction that the struggle was 
merely one against evil ministers and not against the power or 
rights of the prince, the sole institution common to them all, was 
preserved for many years. Of necessity this involved the exer- 
cise of sovereignty in the prince's absence and the carrying on 
of government within each province by the only other existing 
political organ, the provincial estates. Owing to the circum- 
stances of the struggle, this withdrawal from the princely power 
was much more complete in the northern provinces than in 
Brabant and Flanders, which were occupied by Spanish troops 
and where obedience could therefore be enforced. The estates 
of the northern provinces became habituated to the exercise of 
sovereignty by officials chosen by themselves, or, as in Holland, 
and Zealand by a stadholder who, though royally appointed, 
was their leader in revolt. It was impossible, however, for a 
similar habituation to take place in the States-General, where 
all the provinces were represented, for their meetings were only 
summoned at rare intervals when Spain was attempting to find 
some basis of pacification. Even when they did meet deeply 
rooted divergencies of opinion at once appeared between the 
southern and the northern provinces, those who lay open to 
military occupation by the Spanish forces and those who were 
able to hold it off by the exertions of their armies. The seven- 
teen provinces that in 1550 had seemed well on the road to 
achieve some sort of federal union, had twenty-five years later 
been cleft in two by the ravages of war, each part being 
hammered by adversity into closer and closer association inde- 
pendently of the other. 

But this crucial fact did not appear clearly to the actors in 



14 FEDERAL AND UNIFIED CONSTITUTIONS 

the struggle for many years. What was in reality the irrever- 
sible step towards separation was taken in the north, and involved 
a real confederation of the modern sort. Each of the two pro- 
vinces of Holland and Zealand was really an association of 
municipalities, that were as independent one of another as 
any of the towns of the mediaeval empire. They had become 
accustomed, however, to working together for more than a 
century, and they were all strongly affected by common economic 
interests. Under the lead of their stadholder, William of 
Orange, the estates of Holland and Zealand, i.e. the delegates 
of the municipalities of the provinces, met together in joint 
session at Delft, in April, 1576, and determined to make their 
league perpetual by a resignation of a large part of their powers 
into the hands of a single over-riding authority, the stadholder, 
who was invested not only with all the ancient powers of the 
sovereign in external affairs, but also with a much larger measure 
of internal control. This Act of Federation not only united the 
provinces, but also went far in the direction of unification of the 
municipal republics of which each province was composed. It 
was not in the least dictated by theoretical considerations, but 
was a practical measure of defence devised to cope with im- 
minent military danger. It went so much further than any 
previous federal agreement in modern times that it marked a 
very real step forward. Only among adjacent communities 
closely affected by similar political and economic circumstances 
of acute difficulty was its achievement possible, ^f" 

For the moment the importance of the Act of Federation 
was obscured by the wave of indignation against Spanish 
excesses that swept over all the provinces at the news of the 
"Spanish Fury 1 ' in Antwerp in November, 1576. External 
attack once more precipitated union, and in the Pacification of 
Ghent a scheme was agreed upon between the delegates of all 
the seventeen provinces that, if it had endured, would have led 
to a federation of them all with a common States-General. But 
unity of feeling was short-lived. Differences of religion, political 



HISTOEICAL INTRODUCTION 

and economic interest proved too deep-seated to admit \ 
effective common action, and at length on 5 January, 1579, the 
deputies of the southern provinces of Hainault, Douai, and Artois 
bound themselves in a defensive league at Arras as a preliminary 
to effecting a reconciliation with the King of Spain. The pro- 
vinces of the north at once replied by gathering round the 
federation of Holland-Zealand. In the Union of Utrecht, signed 
by the associates on 29 January, 1579, they bound themselves 
" as though they were one province " to resist all foreign 
enemies, including the King of Spain. The confederacy of the 
United Provinces was thus brought into being to deal with the 
enormously enhanced military danger that they feared from the 
south, and its provisions bear full evidence of its preparation to 
cope with a particular political situation. Owing to the pro- 
traction of the struggle for seventy years more the provisions of 
the union became the permanent constitution of the confederacy, 
and were supplemented by the Act of Abjuration of 26 July, 
1587, whereby the representatives of the United Provinces 
solemnly aj2Slyed themselves from their allegiance to the King 
of Spain, and thus assumed the full sovereignty they had long 
possessed in all but name. The long and exhausting struggle 
that had to be sustained before the Spanish danger was finally 
repulsed welded the confederacy into a permanent federal union, 
but it was not until the upheaval of 1795 that the next step 
forward to complete unity was accomplished. 

3. 

The growth of federalism in the English-speaking countries 
has been brought about by similar causes and under generally 
similar conditions to those that have furthered it on the con- 
tinent of Europe. But historical conditions have made the 
manner of growth and the resulting associations very different. 
In the English constitutional theory of the eighteenth century 
all sovereignty belonged to the King, but the monarchy was 



16 FEDERAL AND UNIFIED CONSTITUTIONS 

carefully limited and balanced./ The sovereignty of the King 
over all Englishmen was indefeasible wherever they might be, 
but, on the other hand, they, too, had indefeasible rights, and, 
above all, that of being consulted in representative assembly 
before the executive power was exerted in matters that directly 
concerned them. 

When, at the beginning of the seventeenth century, English- 
men had gone oversea to establish colonies in Virginia, Bermuda, 
St. Christoper's, Barbados, Massachusetts, and so on, they took 
their rights to representation with them, and in each colony 
an assembly was set up to take counsel with the governor con- 
cerning the internal affairs of the community. J Each colony 
was independent of every other, their only common link in 
theory being the allegiance that every one of their individual 
citizens owed to the King. The sovereignty of the King was 
exercised for the good of the Empire as a whole, and every 
colony accepted as necessary the arrangement whereby the 
relations between different parts of the empire, especially in 
matters of trade, were regulated by the King in Parliament, i.e. 
by the King's ministers in counsel with his subjects in the 
representative assembly of the central part of his realm. But 
from the very beginning the constitutional doctrine was held 
that the sovereign power within a colony, mostly evidenced by 
the power of taxation, lay in the King in the assembly of the 
colony, and not in the Parliament of England, in which the 
colonists had no representation. 

Just as independent states may enter into alliance for the 
accomplishment of a common purpose, so the New England 
colonies, when faced with great danger of attack by Indian 
tribes in 1643, agreed to enter into a confederation for mutual 
defence, and pledged themselves to contribute in proportion to 
their numbers. The agreement bears some signs of having 
been influenced by Dutch precedents, which were familiar to the 
colonists. It was never of great importance, for the threatened 
external dancers were too soon removed to have much effect in 



HISTOEICAL INTRODUCTION 17 

consolidating the confederation at the expense of the individual 
colonial governments. The high-handed scheme of James II* 
for sweeping away all colonial boundaries in New England and 
merging the whole into a single province under Sir Edmund 
Andros was also only of temporary interest, for it had not coma 
into effective operation before the Revolution of 1688 came to 
restore the old arrangements. 

It was not until the beginning of the eighteenth century 
that the colonial system of the empire reached some degree of 
stability in a form that can now be recognized as essentially 
federal in principle. If it be granted that the essence of 
federalism is the separation of the powers of government over a 
particular community, some of the powers being placed in the 
hands of one authority and some in another, so that both cut 
concurrently on the citizens but each has its own sphere of 
action, then undoubtedly the old colonial system was federal in 
practice. The central authority or Imperial government had 
charge of foreign affairs, the navy and army, war and peace, the 
collection of customs dues, the management of unsettled lands, 
and the relations with the Indian tribes on the frontier. All 
these matters affected the life of every colonial without the 
intervention of his elected assembly. But the separate colonies 
managed their own internal police, raised their own taxes for 
local purposes, regulated local trade, and generally governed 
their citizens according in most cases to the provisions of a 
written constitutional instrument or charter which they regarded 
as a compact between them and the Crown. The system was 
apparently one of intricate complexity, but it was in reality very 
flexible, because it had grown up out of a multitude of devices 
used to deal with practical difficulties, only those which had 
succeeded being retained. 

During the period down to 1763, the external menace of the 
power of France and Spain, with whom the colonists might at 
any moment find themselves at war, kept them from any sus- 
tained protest against the exercise of the Imperial power. 



18 PEDEEAL AND UNIFIED CONSTITUTIONS 

There were constant petty disputes (especially about constitu- 
tional rights in the West Indies, but there was a general 
^acquiescence in the system as it had grown up. The Imperial 
^government had such engrossing problems to handle in coping 
with rebellion and maintaining English interests in Europe, that 
no attempt could be made to systematize colonial government or 
do more than deal with practical problems as they arose. On 
several occasions during the first half of the eighteenth century, 
proposals were made for a systematization of the relations be- 
tween the continental colonies, but they never obtained any 
considerable measure of support. The colonies recognized that 
they had many common interests and valued their association 
as members of the Empire, but they had not yet such a sense of 
community of danger from without as to be willing to relinquish 
any of their autonomy. 

Serious danger to the continuance of the opportunist system 
arose after the victorious close of the Seven Years' War, when 
schemes of reorganisation were pushed forward from the centre 
in an attempt to cope with the new burdens of empire that had 
been assumed. The resulting agitation in the colonies provoked 
enquiry into the whole constitutional position. But the complex 
system that had gradually grown up defied explanation or justi- 
fication according to old theories or precedents, and for ten years 
incessant constitutional wrangles went on in an attempt to find 
some formula that would reconcile the necessary exertion of 
imperial sovereignty for the common good with the claim of the 
colonists to all the indefeasible rights to self-government that the 
rest of the King's subjects possessed. Out of the welter of argu- 
ment two sharply opposed theories ultimately emerged and held 
the field. The one commended itself to the dominant party in the 
colonies, the other to the majority in the British Parliament, but 
neither estimated accurately the practical system under which 
the colonies had been governed for nearly a century. 

In the most extreme colonial view all sovereignty in a colony 
rested in the King in the elected assembly of that colony, and 



HISTORICAL INTRODUCTION 19 

nothing could legally be done without the concurrence of a 
majority of that assembly. It was admitted that as a matter of 
convenience the colonies had tacitly acquiesced in the regulation 
of certain affairs, and notably external trade, by the British Par- 
liament, but it was held that this was no derogation of their 
rights, and that they might properly modify their acquiescence 
when circumstances changed. The continental colonies in fact 
maintained the doctrine expounded at an earlier date by Jamaica, 
that their legislatures held the same co-ordinate position towards 
Parliament as had belonged to the Scottish Parliament before 
the Act of Union of 1707. 

The advocates of the opposite theory maintained that the 
sovereignty of the Imperial Parliament was supreme throughout 
the King's realms, and that it was only for practical convenience 
that it did not often exercise its power to legislate for the internal 
affairs of the colonies. The colonial legislatures, according to 
this theory, were subordinate to the Imperial Parliament, as the 
Irish Parliament undoubtedly was, where the power of con- 
current legislation from Westminster had frequently been 
exerted. Neither side appreciated fully the federalism of the 
old colonial system, though in both the rival constitutional 
theories there was some federal principle implicit. The differ- 
ences separating them were, of course, much deeper seated than 
is revealed in the doctrines that are alone here considered, but 
when all the many combined causes led to the outbreak of 
armed revolt, constitutional grievances were placed in the fore- 
front. 

The Thirteen Continental Colonies solemnly abjured their 
allegiance to the Crown in the Declaration of Independence of 
1776, and successfully vindicated their abjuration in six years of 
war. When by her signature of the Treaty of Versailles in 1783 
Great Britain acknowledged that independence, constitutional 
growth began anew on either side of the Atlantic, but along 
sharply divergent lines. In the colonies that retained allegiance 
to the Crown there was no longer a doubt that supreme control 



20 FEDEEAL AND UNIFIED CONSTITUTIONS 

was vested in the King in the Imperial Parliament, Only such 
powers belonged to the colonial assemblies as were delegated to 
them ; the colonies were really " dependencies " of Great Britain, 
as they were constantly called until far on into the nineteenth 
century. When new colonies received rights of representative 
government, their constitutions were embodied in Imperial Acts, 
though when at a later date the fuller powers of responsible 
government were first granted, this was effected by administra- 
tive action and sustained by constitutional convention. Such 
rights when once granted were indefeasible, and the colonies by 
acquiring them achieved practically full internal control of their 
affairs. In the course of time groups of such self-governing 
colonies would proceed to adapt to their circumstances the 
formal federal devices that were worked out in the United States . 
In the seceding political communities, however, the consti- 
tutional position was at first not at all clear. A critical question 
awaited solution which may be propounded in two opposite 
forms. Had each of thirteen separate colonies achieved its in- 
dependence of its former sovereign and so become a sovereign 
state that was free to determine the conditions on which it would 
enter into a confederacy with its neighbours ? Or, on the other 
hand, had the people of the United States abjured their allegiance 
as individuals and now must enter into a new social compact ? 
The citizens in each of the separate States made the negotiation 
of such a social compact one of their earliest acts after the 
Declaration of Independence, and eleven States established new 
State Constitutions on popular votes within a very short time. 
But no clear decision was reached as to the nature of the Con- 
federation that all admitted to be a practical necessity. The 
last paragraph of the Declaration of Independence apparently 
gave assent to the first form of the crucial constitutional question. 
" These United Colonies are, and of right ought to be, free and 
independent states. All political connexion between them and 
the State of Great Britain is, and ought to be, totally dissolved. 
As free and independent states they have full power to levy 



HISTOBICAL INTBODUCTION 21 

war, conclude peace, contract alliances, establish commerce, and 
to do all other acts and things which independent states may of 
right do/' The same theory was expressed in the Articles of 
Confederation that were prepared by the Continental Congress 
immediately after the Declaration and finally agreed upon on 
15 November, 1777. "Each State retains its sovereignty 
freedom, and independence and every power, jurisdiction, and 
right which is not by this confederation expressly delegated to 
the United States in Congress assembled. The said States 
hereby severally enter into a firm league of friendship with each 
other for their common defence, the security of their liberties, 
and their mutual and general welfare." The Articles were 
signed by the delegates as representing the sovereign legislature 
in each State. They were ratified by the State governments on 
different conditions and at widely differing dates, but they were 
never based upon a popular vote, t The system, therefore, was 
strictly parallel with the confederate pacts of the Swiss Cantons 
and the United Provinces. The Confederation was only a 
Staatenbund, though it was a great advance upon all previous 
confederations, for much more power was nominally placed in 
the hands of Congress, and there were more opportunities for 
real debate than in the semi-diplomatic procedure of the old 
Swiss Diets or the States-General of the Netherlands. 

The pressure of more than ten years of the practical difficulties 
of government was needed to drive home to the minds of the 
people of the United States the essential unity of their interests, 
which far transcended^ any theoretical doctrines about the nature 
of the sovereignty of the States and their legislatures. The 
colonies had grown up and flourished under a system that was 
really federal though not republican ; matters of common interest 
had been managed by an authority outside all the colonial 
governments, and, so long as its power was based upon the con- 
sent of the governed, the system worked. Between 1765 and 
1782 the interest of opposition to the Imperial Government and 
the desire to achieve military success in the war were common 



22 FEDEKAL AND UNIFIED CONSTITUTIONS 

to all the colonies, and these interests were strong enough to 
ensure the transfer of external obedience from the Grown to 
the revolutionary leaders. General Washington had therefore 
sufficient popular consent behind him to act with vigour for the 
whole United States. But with the restoration of peace State 
particularism and the desire to escape common burdens became 
infinitely more powerful than the cumbrous and inefficient Con- 
federation, which attracted no loyalty and could base itself on no 
direct popular suffrage. <Things went from bad to worse. ) Public 
credit, obedience to authority and social order everywhere de- 
cayed, and it seemed as though the association of the States was 
certain to fall asunder. 

As in other cases where forward steps towards federation 
have proved possible, the minds of the great majority of citizens 
were so disturbed by the pressure of political and economic evils 
that they were ripe to embark upon drastic change. The 
immediate troubles were of three kinds ; first the external 
menace of a dreaded renewal of war with Great Britain and the 
dangers apprehended from Spanish encroachments in the 
Mississippi Valley; second, the dangers to public order that 
arose in various States from the outbreak of armed rebellion 
against the enforcement of taxation and the maintenance of 
justice ; and third, the great economic distress caused by the 
depreciation of the currency, the lack of credit to restore foreign 
trade, and the general want of public confidence which hampered 
all enterprise. It became more and more evident to thinking 
men that the only hope lay in amending the Articles of Con- 
federation so as to strengthen the central power. Matters at 
last came to a head in 1787^ and advantage was taken of a 
partial conference at Annapolis on economic questions to arrange 
for a general Convention of delegates from all the States to meet 
at Philadelphia. There behind closed doors in the freest of dis- 
cussion a new compact was hammered out that not only removed 
the dangers to the continued existence of the United States, but 
recorded an unprecedented advance in the application of political 
ideas to the machinery of government* 



HISTOKICAL INTRODUCTION 23 

Some of the boldest reformers in the Convention, whose views 
were voiced by Alexander Hamilton, were prepared to go the 
whole way and form a new government which should pervade 
the whole United States with decisive powers and a complete 
sovereignty. They would establish a general and national govern- 
ment and annihilate .the state distinctions and state operations. 
The ideas underlying their views were derived from the success 
of the Union between England and Scotland. Hamilton con- 
fessed that in his opinion the British Constitution was the best 
form of government which the world had produced, while on the 
other hand the lessons of history showed that "all federal 
governments are weak and distracted/' and that, as in the Swiss 
Cantons and Germany, they cannot prevent the confusions which 
prevail between their members. But a unitary solution was 
impossible in face of the opposition of the State governments, 
whose annihilation it threatened. Its advocates in the Conven- 
tion were in a hopeless minority, and, since " federalism " and 
" republicanism " were thought by many to be necessarily 
associated, they were suspected of cloaking under their pleas for 
strong government a mere desire for the restoration of monarchy. 

At the opposite pole from Hamilton were those who insisted 
on the equality of all the sovereign states, and claimed that their 
views alone were " truly federal and republican." They desired 
to see all the old principles of confederation preserved, and only 
certain amendments made in the Articles that might strengthen 
the central power, but would still leave Congress in its old 
position of a federal diet. Between these opposing views there 
was what was called the " national " party, which wished to get 
rid of the doctrine that the Union was a mere treaty between 
independent states. They desired to get behind the State 
governments to the people of the United States as members of a 
single political community, who by a majority of their votes could 
give to the central government a more powerful sanction. This 
would involve of necessity a change in the principles of the 
Articles of Confederation, but it was really a revulsion to the 



24: FEDEEAL AND UNIFIED CONSTITUTIONS 

sounder principles of the division of sovereignty that had infused 
the government of the colonies before the schism. The objections 
of its advocates to what they called the "federal principle" as 
evidenced in Switzerland and the United Provinces of the 
Netherlands were just as strong as those of Hamilton. They 
maintained, however, that it was possible to find a compromise 
whereby their old colonial powers might be left to the States, 
while the common powers that the colonies had been accustomed 
to see wielded by an external authority might be entrusted to a 
national executive, legislature and judiciary chosen by the people 
at large. The debates between the advocates of these opposing 
schemes formed the essential part of the struggle in the Con- 
stitutional Convention, and in the event the " national " plan 
carried the day, as it appears, because it was the most nearly 
akin to the actual pre-revolutionary system. The powers placed 
by the new Constitution in the federal executive, legislature and 
judiciary, were very nearly those that had been exercised by the 
Imperial authorities and those which the colonial legislatures had 
never been accustomed to handle. Compromises of great im- 
portance had to be reached before the system could be accepted 
by all, and these gave to the State governments a larger weight 
in the national government than the original proposers of the 
plan had allowed them. From these compromises sprang some 
of the difficulties that were to lead to controversies over State 
Eights for seventy years. Only by the bloody struggle of the 
Civil War were the controversies to be settled in favour of the 
unchallengeable supremacy of the national government. But the 
compromises did not affect the essential accomplishment of the 
Convention, the formulation in the Constitution of the new 
federal principle that had slowly been shaped in the old colonial 
system. 

From 1789 onwards the so-called "national" government of 
the United States began to take its place as the typical example 
of the federal principle. A new meaning came to be attached 
to the terms "federal" and "federation" that differed widely 



HISTOEICAL INTBODUCTION 25 

from that attached to them before and during the Convention 
debates of 1787. In the United States the new implications 
displaced the old before the end of the century, but European 
publicists knew little of democratic government in America 
before De Tocqueville wrote in 1835, and for them " federal" 
continued generally to imply the form of government by Diet 
that prevailed in Germany and Switzerland. 

4. 

The old federal constitution of the United Provinces was 
swept away by the invasion of the French Eevolutionary armies 
in 1795, and for twenty years the Netherlands were practically 
subject to military rule according to French centralizing ideas. 
The unitary Batavian Kepublic that was at first set up saw 
many changes of constitution before the country was at last 
absorbed into the French Empire. When the time for recon- 
struction came in 1814, the wish to retain a unitary form of 
government was universal, for long before the Eevolution the 
federal system had fallen into decay and had become irksome 
to the classes without political rights, while the power and 
prestige of the House of Orange had been steadily increasing. 
The Dutch had no desire to restore the cumbrous machinery of 
the estates and States-General, which was identified with in- 
equitable privilege, and when the Prince of Orange was re- 
stored to his possessions the country accepted with unanimity 
his grant of a constitution for a unitary kingdom. The designs 
of the powers at the Congress of Vienna aimed at a further 
degree of unification and the inclusion of the southern provinces, 
but their union was only short-lived and the South achieved 
independence in 1830 as the new unitary kingdom of the 
Belgians 

The Swiss confederacy in the eighteenth century was an 
agglomeration of almost every kind of government in great 
complexity. The degree of political liberty that was possessed 
ranged from the primitive democracy of the Forest Cantons to 



26 FBDEEAL AND UNIFIED CONSTITUTIONS 

such complete servitude of the subject territories under some 
of the cities that the people had no political rights. The con- 
federacy abounded in inequitable privileges ; many of the petty 
states were seething with discontent, and the prosperity of all 
was damaged by the many customs, barriers, and inconsistent 
commercial restrictions. When the French armies invaded the 
country in 1798, ostensibly to assist a democratic revolt, they 
were at first generally welcomed as deliverers. The establish- 
ment of a unitary Helvetic Kepublic on the French model was 
popular, because it swept away all privileges and inequalities of 
political status, but French rule proved particularly oppressive 
and confiscatory, and when Bonaparte withdrew his troops in 
1802, the country fell asunder into two hostile parties and civil 
war broke out. The " centralists" favoured the retention of the 
constitution of the Helvetic Eepublic, while the "federalists" 
wished to return to a loose confederation as of old. To prevent 
a complete lapse into anarchy the French again entered the 
country, and an Act of Mediation was imposed upon the two 
parties in 1803. By this agreement a federal constitution with 
a central diet and an executive authority such as had not before 
existed was set up, the abolition of privilege was confirmed, and 
six new cantons, formed out of the previously subject lands, 
were placed on a footing of equality with the old confederates. 
Unification failed to secure support in Switzerland as it had 
done in Holland, because during the short period of its trial it 
had become identified with a system of foreign military oppres- 
sion. 

The federal system of the Act of Mediation lasted with a 
considerable measure of success until the overthrow of French 
influence in 1813. At the Congress of Vienna it was proposed 
to re-establish the complicated old system in its entirety, but it 
was realized that it was impossible to restore abolished privileges. 
The Swiss agreed to accept the constitution that was finally 
prepared by the Congress, in return for a guarantee of their 
neutrality by the powers ; the right to political freedom of the 



HISTOEICAL INTBODUCTION 27 

previously subject territories was maintained, but the reaction 
deprived the confederation of an executive, and all common 
business had to be transacted in the Diet where the cantons ap- 
peared as sovereign states and unanimous approval was necessary 
for important action. The removal of all internal customs 
barriers and oppressive commercial restrictions, however, aided 
in the growth of a community of feeling between the men of 
different cantons, and the extension of liberal ideas prepared the 
country for a step forward. 

The defects arising from the recognition of cantons as fully 
sovereign states incapable of control by the confederacy, save by 
force of arms, were fully illustrated by the growth within the 
Confederation of separate Sonderbilnde or confederations of 
cantons, which desired to further their own interests at the 
expense of their neighbours. In 1832, and again in 1845, armed 
action of a Sonderbund of Catholic cantons against the forces of 
a majority of the confederates was attempted. But the civil war 
that followed resulted, in 184:7, in the complete victory of the 
federal forces and the overthrow of the particularist cantons, 
thus leading to the establishment of an entirely new constitution. 
The progress of liberal ideas had made great changes in the out- 
look of Swiss citizens, and had furthered the merging of local 
patriotism in a wider sense of nationality. Through the writings 
of Alexis de Toccjueville and others, they had become familiar with 
ihe improved devices of federal government which had achieved 
mccess in the United States of America. The committee that 
was entrusted after the civil war with the preparation of the 
new constitution determined to adapt these devices to the cir- 
cumstances of Switzerland, and to accept integrally the principle 
of basing a greatly strengthened central power upon the popular 
vote throughout the country as a whole. The Swiss Confedera- 
tion ceased to be a mere Staatenbund, and became a Bundesstaat, 
in which power resides both in the federal government and the 
aantons, their fields of action being clearly delimited. The fear 
;>f executive control prevented the placing of great authority in 



28 FEDERAL AND UNIFIED CONSTITUTIONS 

the hands of a President as in the United States, and under the 
constitution of 1848 there was no federal court of justice like the 
Supreme Court. After a good deal of constitutional agitation, 
however, the distrust of the central authority was largely over- 
come, and at last, in 1874, the constitution was revised and 
assumed the form which, save for various minor amendments, has 
proved lasting. The growth of the sense of national unity has 
been encouraged, and has proved entirely compatible with the 
preservation of a strong cantonal patriotism. Though the old 
names were retained, Switzerland has since 1848 ceased to be a 
mere " confederation/' and has become a real " federal republic." 
In no part of Europe save, perhaps, in Italy did the events 
of the Revolutionary and Napoleonic periods result ^ in more 
drastic permanent changes than in Germany. The many little 
Italian states that were overthrown could not be effectively 
restored in 1815, and at length the whole peninsula became 
absorbed into the unitary Kingdom of Italy that grew out of the 
Kingdom of Sardinia. But in Germany, though much unifica- 
tion has been brought about and the Prussian state has grown 
immensely by the absorption of its neighbours, the main changes 
of the nineteenth century were towards federation in the modern 
sense. From the Peace of Westphalia to the French Revolution 
the confederacy of the German states was the merest sham, and 
masked a far more acute rivalry between Prussia and Austria, the 
two most powerful members, than prevailed between either of 
them and the powers beyond the borders of Germany. The first 
results of the Revolution were the absorption of most of the 
small states and free cities by their powerful neighbours, and the 
secularization of the ecclesiastical principalities. This immensely 
facilitated further progress, for it reduced the number of possible 
partners in a confederation and provided fewer opportunities 
for foreign intrigues. After the complete defeat of Prussia 
in 1806, the newly consolidated states of Western Germany were 
associated at Napoleon's command in a new confederacy called 
the Rhenish Confederation, but it never achieved anything more 



HISTORICAL INTRODUCTION 29 

than a nominal existence, and disappeared when, in 1813, the 
French armies were expelled. The removal of antiquated 
privileges and the acquisition by the people at large of a 
considerable measure of equality of legal status, which was 
accomplished between 1806 and 1813, prepared the way for 
further progress. 

The attempted settlement of German affairs by the Congress 
of Vienna in 1815 was directed towards the re-establishment in 
reality of the nominal confederacy that had existed before 1789. 
But it was impossible to reverse the acts of mediatization and 
secularization that had been accomplished, and the rivalries of 
the larger states that had come into existence provided more 
powerful allies for the two contestants in the struggle for 
dominance, so that the Federal Diet was doomed to complete 
impotence as before. It was little more than a congress of 
ambassadors, it had no executive or judiciary, and was so weak 
that Germany at this period can hardly be called even a 
Staatenbund. A forward movement was urged from two 
directions. First, there was a gradual consolidation of the 
Prussian State whereby the previously separate provincial estates 
were amalgamated into a Combined Diet, which later under 
Liberal pressure was based to some extent on a popular vote, 
and, having the power of taxation over all the Prussian terri- 
tories, came to be called the Parliament. Prussia became more 
of a unit round which the smaller states could coalesce. Secondly, 
the Prussian bureaucracy gradually furthered the removal of all 
internal restrictions on commerce and the placing by treaty of 
the management of the customs system of the associated states 
in the hands of a common authority. By a series of steps there 
was formed in 1834 the Deutscher Zoll und Handelsverein, and 
its steadily growing influence through all the states of Northern 
Germany accustomed them to work together under the leader- 
ship of Prussia and to look forward towards a federal union. It 
seemed at one time as though aspirations towards the national 
union of Germany would be realized by the extension of the 



30 FEDERAL AND UNIFIED CONSTITUTIONS 

Zollverein into a close federation of the states composing it, but 
the confused nature of the struggle intermingled aspirations for 
effective government with demands for popular suffrage in such 
a way as to prevent so direct a line of advance. In certain 
states the more extreme advocates of federal union were also in 
favour of republicanism, and pointed to the United States of 
America as the ideal form of government, wherein it had been 
proved that true liberty could only flourish under a federal 
republic based upon the votes of a widely extended electorate. 
Swiss precedents also exercised an influence on the minds of 
political reformers, but they failed to see that these were inap- 
plicable to the case of Germany because of the way in which 
Prussia and Austria completely overshadowed all other members 
of the confederacy and dominated all other interests with their 
rivalry. 

The tangled movements of 1847 and the early months of 
1848 resulted in the summoning by the plenipotentiaries of the 
Federal Diet of representatives from the people of the various 
states to meet in an assembly or Vorparlament for the purpose 
of drafting a new federal constitution. There for the first time 
three opposing parties clearly took their stand against one 
another. The Republicans desired to introduce a constitution 
closely modelled on that of the United States with its necessary 
concomitants, the abolition of monarchy and privilege and the 
introduction of popular suffrage. The Conservatives, who were 
smaller in number but powerful in the more important states, 
were determined that monarchy should not be destroyed, and 
wished to strengthen the governments of the states by adminis- 
trative reforms. The Liberals, who were by far the largest 
party, though little organized and having little unity of design, 
were willing to retain monarchy in the states and the Empire, 
but desired to place the supreme power in the hands of a national 
parliament or Reichstag elected by the German people as a 
whole. 

The Vorparlament effected nothing amidst its dissensions, 



HISTOBICAL INTEODUCTION 31 

save the summoning through the Federal Diet of a National 
Assembly to be elected generally to decide upon a constitution. 
The Assembly met in the Pauluskirche at Frankfort in May, 
1848, and proceeded to set up a central executive to act for the 
whole of Germany in external affairs. But the turn of events 
was unfavourable to the accomplishment of its purpose of 
achieving federal union, and the victory of the Conservative 
forces in Prussia and Austria brought about the withdrawal of 
their representatives from the Assembly and its collapse. The 
constitution of the German Reich that was hammered out during 
long debate would have given Germany a governmental system 
which, while retaining the dynasties, was based upon the 
sovereignty of the people and infused with the federal principles 
of the United States. But the scheme was entirely abortive, and 
after an interregnum of two years reactionary and particularist 
forces regained control in the states, and the old Federal Diet 
was re-established. 

During the period 1850-1866 the Zollverein under the 
leadership of Prussia steadily increased its power in commercial 
affairs, and the states composing it became more and more 
accustomed to working together. |In 1866 Prussia^ which under 
Bismarck's leadership had firmly knit her various provinces into 
unity, formally declared her freedom from the old confederacy, 
and Austria took up arms in the name of the Federal Diet to 
bring her back to obedience. The smaller states separated into 
opposing camps, and a brief but decisive struggle took place. 
Austria was defeated and ejected^from Germany, and the terri- 
tories of her ally, the Kingdom of Hanover, were incorporated 
in the Prussian monarchy. Before beginning the war Prussia 
had bound herself by treaty with her smaller allies, who had 
been accustomed to work under her leadership in the Zollverein, 
to establish a new federal union. The North German Confedera- 
tion or Bund was therefore set up, and in 1867 the Diet of the 
representatives of the twenty-one states composing it agreed 
upon a close federal union, based not upon the sovereignty of 



32 FEDBKAL AND UNIFIED CONSTITUTIONS 

the people but upon that of the states and their rulers. In 
1870 the four South German states agreed by Treaty to join the 
Confederation, and on 18 January, 1871, the King of Prussia 
assumed the dignity of German Kaiser, the title that had been 
held by the supreme head of the mediaeval empire. Practically 
none but consequential changes, however, were made in the 
constitution of 1867, and this remained essentially intact down 
to the German revolution of 1918. Under it Germany has 
been a real Bundesstaat, with the executive power in the hands 
of a permanent head, the King of Prussia, sovereignty being 
based not upon a popular vote but on divine right. 

The constitution of 1867-70 was merely the embodiment in 
a single document of the agreements (or treaties) that had been 
negotiated between different sovereign states. Their rulers re- 
signed almost all their external sovereignty and some portion of 
their internal sovereignty into the hands of a common executive 
and legislative body. In this action the German people had no 
direct share, though, since they acquiesced in it, the government 
of the Kaiserreich may be said to have been based upon popular 
consent. Power lay in the hands of the Kaiser and the Bundes- 
rath composed of accredited representatives of the state govern- 
ments. But there was a popularly elected Reichstag represent- 
ing the people of Germany as a whole, which had no direct 
power save in matters of taxation and legislation. The federal 
state of the Kaiserreich was only a very partial approximation 
to a federal union of the modern sort. 

The revolution of November, 191&, radically changed this 
position, and brought about the establishment of a constitution 
based, like that of modern Switzerland, partly upon the suffrages 
of the German people, partly upon the sovereignty of popularly 
elected governments in the States (Lander). In the struggles 
over the framing of this constitution in 1919 the advocates of a 
policy of centralization and the wiping away of all State distinc- 
tions were condemned because they also were the supporters of 
unpopular doctrines brought in from the Russian anarchy. 



HISTORICAL INTRODUCTION 33 

The centralizers were identified with foreign influences, just as 
the " centralists " in Switzerland in 1802 were identified with 
French Jacobins, and Alexander Hamilton in 1787 with British 
monarchy. The result was therefore, as in those cases, a com- 
promise between extremes, between the restoration of ;t gov- 
ernment based on State sovereignty and a centralized unitary 
republic. The result of the compromise was to produce a real 
federal constitution very similar in essence to that produced by 
the Frankfort Assembly in 1849. 

In the new constitution the sovereign power is based upon 
the popular vote, in part directly and to a less extent indirectly 
through the popular governments of the States. The same 
principles are exhibited as in other modern federal constitutions, 
and therefore for the first time all existing federative governments 
express their federalism in the same general way. Not only does 
the federal principle as worked out in the American and Swiss 
constitutions appear in this latest piece of political architecture, 
but the results of British experience in the nineteenth century have 
also had influence. The executive power resides in the President 
elected by the votes of the whole people, but he can only exercise 
this power on the advice of the Chancellor and Ministers of the 
Beich, on whom responsibility rests. They require the con- 
fidence of the Eeichstag for the exercise of office, and must 
resign should they lose that confidence. The constitution, there- 
fore, embodies as its essential principles not only the federalism 
based upon popular sovereignty that was formulated in the 
American Convention~oTT787 as the result of political growth in 
the eighteenth century, but also the device ofjresponsible govern- 
rnent that has been one of the main achievements of British con- 
stitutional growth. No political device had a greater vogue in 
the latter half of the nineteenth century than this product of 
British invention, and its adoption by the German constitution- 
makers was not a mere artificial imitation, but lay directly in the 
line followed by liberal political thought on the Continent. It is 
probable, however, that the Weimar Assembly was to some 

3 



34 FEDERAL AND UNIFIED CONSTITUTIONS 

extent swayed by the examples of responsible government, com- 
bined with a popularly based federal system, which are exhibited 
in the self-governing dominions of the British Empire. 

5. 

The influence of the federal precedent formulated in the 
United States was very powerful with the constitution-makers 
in the new republics of Latin America, which achieved their in- 
dependence of Spain between 1810 and 1825. In almost every 
one of them the new constitutions were closely modelled upon 
that of the federal republic of the north, though the highly 
centralized governments of the old Spanish colonial vice-royalties 
had furnished no basis of self-government in their administrative 
divisions. The elaborate federal constitutions produced were 
therefore entirely artificial, and had no existence savo on paper. 
In every case, so far as any stable government could be estab- 
lished, it was based upon a succession of military dictatorships, 
which alternated with civil war. The experience of Latin 
America has proved conclusively that the good government of 
the United States has not been a product of its federalism, but 
is the result of a deeper cause, the capacity of its citizens for 
real political responsibility. Within recent years the Argentine 
Confederation and the United States of Brazil have made some 
approach to effective federal government, but even in those 
countries it would appear that all real power resides in the 
central government, and that their constitutions are rather federal 
in form than in practical working. 

The most important extensions of the work of the Convention 
of 1787 have taken place within the British Empire, where the 
essential conditions of federalism have been found in full 
measure. When the growth of a new empire began again 
immediately after the loss of the Thirteen Colonies, it was far 
more centralized than the old had been. There was none of that 
practical division of responsibility that was really informal 
federalism. The burden of the government of the colonies lay 



HISTOEICAL INTKODUCTION 35 

on the shoulders of the Imperial Cabinet, and the moneys for 
its support had to a very considerable extent to be found by the 
British taxpayer. For purposes of convenience or in obedience 
to tradition the colonists might be permitted to have representa- 
tive assemblies, but they were distinctly subordinate, like a 
modern county council ; their legislative measures had to be 
submitted for the control of the Home Government, and Parlia- 
ment could and did pass measures which had full legislative 
effect in the internal affairs of the colonies. It may be said that 
all sovereignty lay in the Crown in the imperial Parliament. 
The system lasted in full operation for more than fifty years, but 
as the colonies gradually grew out from a state of extreme 
poverty and dependence, so the unsatisfactory results of exces- 
sive centralization became more and more apparent in the com- 
munities where there was a large majority of citizens of full 
political capacity. 

The most advanced colony was Upper Canada, and there the 
difficulties between the representative Assembly and the Imperial 
Government culminated in 1837 in the outbreak of rebellion. 
The acute discontent that prevailed in the maritime provinces 
sprang to a considerable extent from the same desire for self- 
government ; while the revolt in Lower Canada, though influenced 
to some extent by this cause, was induced more by racial strife. 
The demand for responsibility from those who had not taken part 
in the revolts became so insistent as to demand some drastic 
measure of reform from the Imperial authorities. Lord Durham 
the statesman sent out to plan such reform, insisted, in his 
report, with great emphasis on the influence of the proximity of 
self-governing communities in the United States in fostering the 
solonists' discontent with their dependent situation. He set 
himself to consider how far the systems on either side of the 
border could be assimilated and to find the causes of the com- 
parative success of American methods. He discerned the es- 
sential cause in the extent to which the citizens of the States 
were responsible for their own good government through the 



36 FEDEBAL AND UNIFIED CONSTITUTIONS 

machinery of popular elections, and he propounded as the 
necessary remedy for Canada's troubles a relaxation of the 
minute Imperial control over the internal affairs of the colonies 
that had prevailed since 1776. He urged a division of powers ; 
the colonists were to be responsible for their own government 
in matters of internal concern, and the Imperial Government in 
matters of common concern to the whole Empire. This was 
unmistakably a federal solution by a division of sovereignty. 
The fact that Lord Durham also proposed the addition of the 
device whereby colonial governors should avoid difficulties in the 
management of internal concerns by choosing ministers accept- 
able to the elected assemblies, should not obscure the fact that 
an essential of his plan for responsible government was a return 
towards the opportunist federal system that had been evolved in 
the practical government of the colonies during the first half of 
the eighteenth century. 

The assimilation of the British system to that of the United 
States, which was desired by reformers of the liberal school, is 
brought out clearly in a speech of Sir William Moles worth. 
Speaking in 1850 he said, " I maintain that whenever the local 
circumstances of a colony will admit the existence of a colonial 
parliament, the colonial parliament ought to possess powers 
corresponding with those of the British Parliament, with the 
necessary exception of Imperial powers. Our colonial empire 
ought to be a system of colonies clustered round the hereditary 
monarchy of England." By the gradual adoption during the 
period 1840-50 of the policy first worked out by Lord Durham, a 
federal system was restored to the Empire, which, though nowhere 
rigidly formulated, has been the essential of dominion government 
since that date. Internal power over their own affairs has been 
placed fully in the hands of popular governments in the self- 
governing colonies (or dominions as they are now called) ; external 
sovereignty and control over matters of common concern have 
remained in the hands of the Imperial Government. That further 
developments are foreshadowed in the most recent period in the 



HISTOEICAL ^INTEODUCTION 37 

growth of the importance of Imperial conferences and in other 
ways merely indicates that the political growth of the Empire 
continues. It does not controvert the truth of the statement that 
since the middle of the nineteenth century the relation of the 
Imperial Government to the dominions has been essentially 
federal. 

Lord Durham, however, never used the term " federalism " 
to describe the new Imperial relations that he proposed. Ho 
reserved the term to describe the relations of the North American 
colonies with one another if certain other measures of reform 
were decided on. A federal form of government was not un- 
known to the British Empire, for the colonies in the Leeward 
Islands had been associated together in this way as early as 1689. 
Not merely was there a legislative assembly in each of the 
islands, there was also a general legislature for the whole of the 
group, which consisted of two houses, a nominated Council and 
an elected Assembly. The system did not work well, it led to 
a great deal of friction, and the meetings of the General Assembly 
fell into abeyance between 1710 and 1793, when it was abolished. 
The islands were placed under the rule of a single governor in 
1833, but the separate legislatures were still maintained, and 
during the years 1833-1837 the Imperial authorities were debating 
the advisability of restoring the old General Legislature for the 
group and thus re-establishing a federal system. This step was 
not taken, however, till 1871. The importance of the discussions 
of the thirties concerning the Leeward Islands, and of other 
debates upon this sort of federation which were going on at the 
same time, lies in their influence upon Lord Durham's mission. 
Before he arrived in Canada (he tells us) he favoured a federal 
solution for the troubles of the colonies, and contemplated the 
establishment of a General Legislature for all British North 
America, while still retaining the colonial assemblies. But he 
changed his opinion for reasons which he clearly expressed. 
" A federal union would produce a weak and rather cumbrous 
government ; a colonial federation must have, in fact, little 



38 FEDEEAL AND UNIFIED CONSTITUTIONS 

legitimate authority or business, the greater part of the ordinary 
functions of a federation falling within the scope of the imperial 
legislature and executive ; and the main inducement to federa- 
tion, which is the necessity of conciliating the pretensions of 
independent states to the maintenance of their own sovereignty ? 
could not exist in the case of colonial dependencies, liable to be 
moulded according to the pleasure of the supreme authority at 
home." Ho therefore decided strongly in favour of complete 
legislative union, which, he believed, alone would give vigorous 
control of the rebellious French minority in Lower Canada and 
an efficacious government for the whole of the colonies. 

No forward step was possible until the full development of 
Durham's real contribution to colonial government and the 
growth of responsibility in the colonies had made them no longer 
" liable to be moulded according to the pleasure of the supreme 
authority at home." The extent of the powers granted to the 
self-governing colonies between 1840 and 1860 was much greater 
than that recommended by Lord Durham, and they became 
possessed of almost complete internal power. They also acquired 
some small measure of the powers usually included in external 
sovereignty, for by the grant of complete commercial freedom 
they could enter individually into commercial treaties with 
foreign powers according to their own desires and without dic- 
tation from the Imperial government. By 1860, therefore, the 
colonies were even freer than had been the original thirteen 
American States under the Articles of Confederation. Their 
internal authority was fully vested in governments based upon 
the popular vote, and the way was clear for a final step towards 
federal union in the same direction as that taken in the United 
States. The first achievement of this step came in the colonies 
of British North America, where the influence of the political 
precedents of their great neighbour was most potent and the 
necessary conditions were most fully satisfied. 

The colonies were geographically contiguous, they were all 
in the same stage of political development, their sense of com- 



HISTORICAL INTRODUCTION 39 

munity of national interest was rapidly growing, they were 
menaced in 1864-67 by a very real danger of annexation by the 
great military power which the United States had developed 
during the Civil War, and they were troubled by similar and 
very acute economic difficulties. 

Federation came about in much the same way as it had 
done in 1787-89, and though the final sanction had to be given 
by an Act of the Imperial Parliament, that sanction was really 
based not upon the consent of the British electorate, but upon 
that of the citizens of British North America as a whole. So, 
too, when the people of the Australian colonies decided to 
establish a federal union, the path lay open to them without 
impediment from the Imperial Government. In each case 
popular governments, possessing practically full internal sove- 
reignty, decided to resign either the whole or a portion of their 
powers into the hands of a central federal government, whoso 
authority was based upon the votes of the whole community. 
In Canada the Dominion Government, having acquired the 
whole power, resigned a portion of it into the hands of the 
provincial governments ; in Australia the States still retained 
the residue of power, but in both cases the principle was 
essentially the same. 

When a federal union successfully fulfils its purpose of pro- 
viding the people with an orderly and efficacious government, 
its importance grows at the expense of the State governments. 
They are gradually overshadowed and the electors come to take 
more interest in national than in local questions. Parties are 
formed upon a national basis, and by degrees the federal union, 
though still maintained in form, comes to differ very little in 
practice from a legislative union with subordinate provincial 
assemblies. When the people of South Africa determined upon 
a political change to adapt their institutions more closely to their 
needs, they contemplated at first a federal union according to 
the Canadian and Australian precedents. But the discussions 
that took place in the constitutional convention ultimately 



40 PEDEEAL AND UNIFIED CONSTITUTIONS 

brought about a change in this design, and it was decided 
instead to take a step that followed the Anglo-Scottish precedent 
of 1707, to sweep away all the existing governments and to place 
internal power in South Africa wholly in the hands of a new 
central government. A complete legislative union was thus 
effected by a process that was similar to that which had preceded 
federal unions in the other English-speaking countries. Where 
full political sovereignty is based upon the votes of the people, 
there is no vital difference between the two forms of union, and 
it is only a matter of practical convenience and political ex- 
pediency as to which is adopted in a particular case. 



THE PEKPETUAL LEAGUE BETWEEN THE THREE 
SWISS FOREST COMMUNITIES. 1 AUGUST, 1291. 

[" Amtliche Sammlung der altern eidgenossischen Abschiede," Lucerne, 
1839, vol. i. Beilagen, pp. iii.-iv. Original in Latin. 1 German 
translation in W. Oechsli, "Quellonbuch zur Schweizergeschichte," 
Zurich, 1886, pp. 49-50. French translation in B. van Muyden, 
' ' Histoire de la Nation Suisse," Lausanne, 1896, vol. i. pp. 206-207. 
The same sources may also be consulted for the other important 
fundamental acts of the old Swiss Confederation The Priest's 
Charter, 1370, the Convention of Sempach, 1393, the Convention 
of Stans, 1481.] 

IN the name of the Lord. Amen. It is a good thing and will 
be profitable for the public good that our treaties be made secure 
in a state of quiet and peace. Let it therefore be known to all 
that the men of the valley of Uri, and the commune [uni- 
versitas] of the valley of Switz and the community [conmunitas] 
of the mountain men of the lower valley, considering the malice 
of the times and in order that they may better defend themselves 
and preserve themselves better in their rightful status, have 
promised in good faith to assist each other mutually with help 
and counsel both as regards persons and goods, within the 
valleys and beyond, in all they can and with all their efforts 
against all and singular who shall intend violence, molestation 
or injury against them or any one of them in persons and goods 
by contriving any ill whatsoever. 

In every event whatsoever each commune [universitas] 
promises to come to the aid of the other at its own expense 
as need may be with all that may be necessary for their succour 

1 The translation here given adheres closely to the original in order to 
bring out the peculiar turns of phrase and mixture of persona employed. 

41 



42 EEDEKAL AND UNIFIED CONSTITUTIONS 

to resist the attacks of their enemies and to avenge their injuries. 
And concerning these things they have sworn their corporal 
oath without guile ; renewing by this oath and these presents the 
ancient form of confederation. Nevertheless every man shall be 
held to be under his lord and shall serve him in seemly fashion 
according to his obligations \iuxta sui nominis conditioneni]. 

Also by common consent and unanimous favour we promise, 
agree and ordain that in the aforesaid valleys we will not recog- 
nise nor accept in anywise any judge who shall have bought his 
office for a price whether in money or in any other way or who 
is not our native and fellow-countryman. If indeed dissension 
should arise between the confederates [conspiratos] the more 
prudent of the confederates are bound to intervene [debent 
accederc] to settle the difference between the parties as to them 
it shall seem expedient. And if one party should reject that 
ordinance the other confederates are bound to declare themselves 
against them. 

Over and above all these things there is agreement that he 
who wrongfully and without cause shall have killed another, 
if he is arrested shall lose his life according to his deserts unless 
he can show his innocence of the said crime. And if he have 
departed the land he shall never be permitted to return. As for 
the receivers and protectors of the aforesaid malefactor they 
must be banished from the valleys until they are recalled by the 
confederates. 

If any man either by day or in the silent night shall have 
wrongfully caused waste by fire to any of the confederates he 
shall never be held as a fellow countryman [pro conprovinciali}. 
And it' any man shields and defends the said malefactor in the 
valleys he shall pay satisfaction for the damage done. And if 
any one of the confederates shall have spoiled another in his 
goods or shall have damaged him in any way, if the goods of the 
guilty can be found in the valleys they must be taken possession 
of in order to procure satisfaction to those injured according to 
justice. 

Besides this no one ought to take a pledge of another unless 
he is manifestly a debtor or a surety and then it must be done 
by the permission of his own special judge. And besides this 



THE ACT OF UNION OF THE NETHERLANDS 43 

each man mast obey his judge and if he need he must indicate 
the judge in the valley before whom he would rather appear in 
course of law. And if any one shall have rebelled against a 
judgment and by his contumacy shall have damaged any one of 
the confederates all the contracting parties \iurati\ shall be 
bound to compel him to give satisfaction for the afore -vi M con- 
tumacy. 

If indeed war or discord shall have arisen between any of the 
confederates, if one party of the contestants \litigantimn\ refuses 
to receive satisfaction by the adjudgement of a composition, the 
confederates are bound to defend the other party. 

All the above written things having been agreed upon for 
common utility and having been ordered in seemly wise, and 
since they are by the grace of God to endure perpetually, the 
present instrument has been drawn up in evidence thereof at 
the request of tha above-named and it is fortified with the im- 
pression of the seals of the aforesaid three communes and 
valleys. 

Done in the year of the Lord MCCLXXXXL 
At the beginning of the month of August. 

THE ACT OF UNION OF THE UNITED PBOVINCES OF 
THE NETHEELANDS. THE UNION OF UTRECHT. 
23 JANUARY, 1579. 

[Jean Dumont, "Corps Universel Diplomatique du Droit des Gens," 
Amsterdam, 1736, torn. v. pt. i. pp. 322-328. The version here 
given is translated from the French of Dumont and compared with 
the original Dutch. The Union of Utrecht was preceded by the 
federal union of Holland and Zealand, 25 April, 1576, the terms 
of which can be found in Pieter Bor, " Nederlantsche Beroerten," 
ix. fol. 138.] 

As it is notorious, since the Pacification made at Ghent, by 
which the Provinces of the Netherlands were bound to succour 
one another with body and goods, and to expel the Spaniards 
and their adherents from the said country, that the said 
Spaniards, with Don John, and other Commanders and Captains, 
have sought in every manner (as they continue daily) to reduce 



44 FEDERAL AND UNIFIED CONSTITUTIONS 

the said Provinces, in general as well as in particular, under 
their tyranny, and by arms and other means to divide and dis- 
member them, breaking the Union made by the said Pacifica- 
tion, to the total ruin of the said Countries ; and as continuing 
in their said design, they have of late solicited some of the 
Towns and Quarters of the said Provinces, and have sought to 
make an irruption into the country of Gueldres. 

Wherefore the people of the Duchy of Gueldres and County 
of Zutphen, of the Countries of Holland, Zealand, Utrecht, and 
the Frisian Ommelands between the rivers Ems and Lauwers, 
have thought it expedient and necessary to join and unite them- 
selves more strictly together ; not to abandon the Union made 
at the Pacification of Ghent, but the better to confirm it, and 
to provide themselves against all inconveniences into which they 
might fall by the practices, surprises and attempts of their 
enemies, and to see how they may preserve and defend them- 
selves in such occurrences, and also to prevent any further 
division of the said Provinces and of the members thereof : the 
said Union and Pacification of Ghent remaining still in force. 

Accordingly the Deputies of the said Provinces having suffi- 
cient authority for this purpose from their principals, have 
concluded and set down the points and articles which follow, 
provided always that they mean not in any way to estrange 
nor withdraw themselves from the Holy Roman Empire. 

I. First, that the said Provinces make an alliance, confedera- 
tion and union together, as by these presents they are allied, 
confederated and united together forever to remain in every way 
and manner as if all were but one single Province, and that they 
may never hereafter separate nor let themselves be separated, 
neither by Testament, Codicil, Donation, Cession, Exchange, 
Sale, Treaties of Peace or of Marriage, nor by any other occasion 
whatsoever ; without any prejudice to the particular Privileges, 
Liberties, Exemptions, Rights, Statutes, praiseworthy and 
ancient Customs, Uses, and all other Rights which any of the 
said Provinces, Towns, Members and Inhabitants thereof may 
have. Wherein they will not only forbear to prejudice or oc- 
casion any hindrance to each other, but will assist each other in 
all ways, even with their lives and possessions, if there is need, 



THE ACT OF UNION OF THE NETHERLANDS 45 

to maintain and strengthen, and also to defend and maintain 
them against all men, whosoever they be, who shall seek to in- 
flict upon them any actual breach thereof. It being understood 
that all such disputes as shall arise between the said Provinces, 
Members and Towns of this Union, touching their Privileges and 
Franchises, Exemptions, Eights, Statutes, praiseworthy and 
ancient Customs, Uses, or other Rights, shcill be decided by the 
ordinary Court of Justice, or by arbiters or by some amicable 
arrangement, and that none of the other Countries, Provinces, 
Towns or Members (as long as both parties submit to the course 
of law) shall in any manner interfere, except by intercession 
tending to an Agreement. 

II. That the said Provinces, in confirmation of the said 
Alliance and Union, shall be bound to aid and succour one 
another with all their possessions, shedding of their blood, and 
hazard of their lives against all attempts, and violence which 
shall be made against them under the name, or under pretext of 
the name, of the King of Spain or upon his part. . . . 

III. That the said Provinces shall in like manner be obliged 
to succour and defend one another against all foreign or 
domestic Lords, Princes and Potentates, Countries, Towns or 
Members thereof, whether in general or particular, that would 
molest, hurt, or make war against them, in such wise that the 
assistance shall be decreed by the Generality of this Union after 
knowledge and according to the conditions of the case. 

IV. And the better to assure the said Provinces, Towns and 
Members thereof against all violence : the Frontier Towns, and 
also others in case this be regarded necessary, in whatever 
Province they be, shall, by the advice and ordinance of these 
United Provinces, be fortified at the expense of the Towns and 
Province wherein they are situated, being assisted to the extent 
of one half by the Generality. But if it be found expedient to 
build any new forts, or to demolish any in the said Provinces, it 
shall be done at the charge of the Generality. 

V. And to provide for the expenses entailed by the defence 
of the said Provinces, it has been agreed that throughout all 
the said United Provinces there shall be imposed and publicly 



46 FEDEEAL AND UNIFIED CONSTITUTIONS 

farmed out from three months to three months, to those persons 
offering the most, certain excises on all sorts of wine, inland 
and foreign beer, upon the grinding of corn, upon salt, upon 
cloth of gold, silver, woollen cloth, upon cattle that shall be 
killed, upon all horses or oxen that shall be sold or exchanged, 
upon all goods that shall be subject to the great balance, and 
upon all other goods which by common consent shall be thought 
fit, according to the Ordinances which shall be set down : arid 
that to the like end they shall employ the revenues of the King 
of Spain, the ordinary charges being deducted. 

VI. The which means may be augmented or diminished 
according to the exigence of affairs, and will be furnished only 
to secure the common defence, and for purposes that the 
Generality shall be obliged to support, nor shall they be applied 
to any other use whatsoever. 

VII. That the said Frontier Towns and all others where 
need shall require, shall be at all times bound to receive such 
Garrisons as the said United Provinces shall think fit, and shall 
order them to take by the advice of the Governor of the Pro- 
vince where a garrison is to be placed, and they shall not be 
allowed to refuse. 

VIII. [Temporary provision.] 

IX. No Agreements, Treaties of Truce or of Peace, may 1x3 
made, no war commenced, no imposts or contributions imposed 
concerning the generality of this Union, save by the common 
advice and consent of all the said Provinces, but in other things 
touching the conduct of this Confederation, and of that which 
depends thereon, they shall be guided by what is advised and 
resolved by the majority of votes of the Provinces comprised in 
this Union, which shall be collected as has been done hitherto 
in the Generality of the Estates, and that, provisionally, until it 
shall be otherwise decreed by the general consent of the Con- 
federates. But if it so happen that in Treaties of Truce, Peace, 
War, or Contributions, these Provinces cannot agree together, 
the dispute shall be referred provisionally to the Stadtholders, 
who are at present in the said United Provinces, and they shall 
effect a compromise or give a decision as they shall find most 
reasonable. And if the said Stadtholders could not agree to- 



THE ACT OP UNION OF THE NETHERLANDS 47 

gether, they shall call to assist [them] such impartial assessors 
and adjuncts as they please : and the parties [in contention] 
shall be bound to perform and maintain whatsoever is deter- 
mined by the said Stadtholders. 

X. That none of the said Provinces, Towns or Members 
thereof may make any Confederations or Alliances, with any 
neighbouring Princes or Countries, without the consent of these 
United Provinces and Confederates. 

XI. It is agreed that if any neighbouring Princes, Noble- 
men, Countries or Towns should desire to join by Alliance and 
Confederation with these aforesaid Provinces, that they may be 
received and admitted by the advice and consent of them all. 

XII. With regard to tho Coinage, all the said Provinces 
shall conform to the currency and rate of Specie, according to 
Regulations which shall be drawn up at the first opportunity, so 
that one shall not be able to make alterations without another. 

XIII. As for Religion, they of Holland and Zealand may 
please themselves, and with regard to the other Provinces of 
this Union, they may govern themselves in this matter according 
to the Religious Peace of the Archduke Matthias, Governor- 
General of the Netherlands. . . . Or else they may either in 
general or in particular, arrange such order as they would esteem 
most suitable for the peace of the Provinces, Towns, and par- 
ticular Members, and for the preservation of everybody both 
Ecclesiastical and Civil, of his goods and privileges, and no 
other Province may give them any let or hindrance therein ; 
with the reservation that everyone shall be allowed to remain 
free in his Religion, so that no one shall be traduced or examined 
on account of religion, in accordance with the Pacification of 
Ghent. 

XIV.j XV. [Temporary Provisions.] 

XVI. And if it should happen (which God forbid) that any 
misunderstanding, quarrel or division should occur between the 
said Provinces, wherein they could not agree, the same, so far 
as it concerns one Province in particular, shall be determined 
by the other Provinces, or by those whom they should depute 
for that purpose. But if it concerns all the Provinces in general, 
it shall be determined by the Stadtholders of the Provinces, as 



48 FEDEEAL AND UNIFIED CONSTITUTIONS 

it is stated in Article IX. They shall be bound to do justice to 
the parties, or to reconcile them within one month, or within a 
shorter time if the case so requires, after having been summoned 
by one or other of the Parties. And that which by the other 
Provinces or their Deputies, or by the said Stadtholders shall 
be decreed and pronounced, shall be accepted and accomplished, 
abolishing all other remedies at law, either by appeal, relief, 
revision, nullity or any other pretensions whatever. 

XVII. That the said Provinces, Towns and Members thereof 
shall be careful not to offer any occasion of war or quarrel to 
any foreign Princes, Noblemen, Countries, or Towns. For the 
preventing thereof the said Provinces, Towns and Members 
thereof shall be bound to do good and speedy Justice equally to 
Foreigners as to their own inhabitants. And if any among them 
should fail therein, the rest of the Confederates shall seek by all 
convenient means to have it done, and that all abuses that might 
hinder them or stay the course of Justice, may be corrected and 
reformed, according to right and the Privileges and praiseworthy 
and ancient Customs of every one. 

XVIII. [Temporary Provision.] 

XIX. For the dealing with all occurrences and difficulties 
which may happen, the said Confederates shall be bound upon 
summons made unto them by such as have authority thereto, to 
appear in Utrecht, on the day appointed, in order to deliberate 
and to resolve on the said occurrences and difficulties, which 
shall be described in the Letters of Kescription, if the matter 
requires not to be kept secret, by common advice and consent 
or by a majority of votes, in the manner heretofore said, even if 
some might not appear. In which case those who appear may 
nevertheless proceed to the resolution of what they shall find 
suitable for the common good of these United Provinces. And 
that which hath been so decreed shall be accomplished, even by 
those who failed to appear, unless the matter be of very great 
importance and could suffer some delay. In which case 
summonses shall be issued again to those who have not appeared, 
to present themselves on a certain stated day, on pain of losing 
their vote for that occasion. And what shall then be resolved 
shall be binding and valid, even though some of the said Pro- 



THE ACT OF UNION OP THE NETHERLANDS 49 

vinces have been absent. Yet those whom it may not suit to 
appear may lawfully send their advice in writing, which shall be 
duly regarded in the collection of the votes. 

XX. And to this end all and every one of the said Con- 
federates shall be bound to write to those who have the authority 
for the summoning, about all things that may occur, or that 
shall seem to them to tend to the good or evil of the said 
Provinces and Confederates, so that they may cause them to be 
called together. 

XXI. And if there shall be any obscurity or ambiguity 
whereby there may grow any question or dispute, the interpre- 
tation thereof shall belong to the said Confederates, who by 
common advice and consent shall decree thereon as they shall 
think fit. And if they fail to agree among themselves, they 
shall have recourse to the Stadtholders of the Provinces in the 
manner stated previously. 

XXII. In the same manner if it should be thought necessary 
to augment or dimmish anything in the Articles of this Union, 
Confederation and Alliance, in any particular or clauses, it shall 
be done by the common advice and consent of the said Con- 
federates and not otherwise. 

XXIII. All which Points and Articles and each of them in 
particular, the said United Provinces have promised and do 
promise by these presents, to accomplish and entertain, and to 
cause to be accomplished and entertained, without allowing any 
opposition or contradiction directly in any manner. And if 
anything shall be done or attempted contrary to the honour 
thereof, they do declare it void and of no effect. They bind 
thereto themselves and all the inhabitants respectively of the 
said Provinces, Towns and Members thereof, the which in case 
of contravention may be in all places, and before all Judges and 
Jurisdictions, where they shall be found, seized and arrested for 
the accomplishment of these presents, and that which depends 
thereon, renouncing to that end all exceptions, graces, privileges, 
reliefs and generally all other benefits of law which contrary to 
these presents might in any way aid or serve them ; and 
especially the law which says that a general renunciation is of no 
force, if not preceded by a special one. 

4 



50 FEDEBAL AND UNIFIED CONSTITUTIONS 

XXIV. And for the greater corroboration, all the Stadt- 
holders of the said Provinces, who are in office at present or 
may be hereafter, together with all Magistrates and Chief Officers 
of each of the said Provinces, Towns and Members thereof, shall 
be bound to swear and take an oath, to keep and cause to be 
kept all the Points and Articles, and every one of them in 
particular, of this Union and Confederation. 

XXV. In the same manner all companies of burgesses, 
fraternities and official bodies shall be bound to take the same 
oath, in each of the said Towns and Places of the said Union. 

XXVI Accomplished and signed at Utrecht, the 

23rd of January, 1579. 



THE CONFEDEEATION OF THE COLONIES OF NEW 
ENGLAND. 19 MAY, 1643. 

[Frequently reprinted. Au accessible version is to be found in John 
Winthrop's "History of New England, 1630-1649," in "Original 
Narratives of Early American History," ed. J. F. Jameson, "New 
York, 1908, vol. ii. pp. 100-105.] 

THE Articles of Confederation between the plantations under 
the government of the Massachusetts, the plantations under the 
government of New Plymouth, the plantations under the govern- 
ment of Connecticut and the government of New Haven, with 
the plantations in combination therewith : 

WHEEEAS we all came into these parts of America with 
one and the same end and aim, namely, to advance the Kingdom 
of our Lord Jesus Christ, and to enjoy the liberties of the Gospel 
in purity with peace : and whereas by our settling, by the wise 
providence of God, we are further dispersed upon the seacoasts 
and rivers than was at first intended, so that we cannot, accord- 
ing to our desire, with convenience communicate in one govern- 
ment and jurisdiction : and whereas we live encompassed with 
people of several nations and strange languages, which hereafter 
may prove injurious to us or our posterity ; and for as much as 
the natives have formerly committed sundry insolences and 
outrages upon several plantations of the English, and have of 



THE NEW ENGLAND CONFEDERATION 51 

late combined themselves against us, and seeing by reason of the 
sad distractions in England (which they have heard of), and by 
which they know we are hindered both from that humble way 
of seeking advice, and reaping those comfortable fruits of pro- 
tection, which at other times we might well expect ; we therefore 
do conceive it our bounden duty, without delay, to enter into a 
present consociation amongst ourselves for mutual hulp and 
strength in all future concernment, that, as in nation and re- 
ligion, so in other respects, we be and continue one, according 
to the tenor and true meaning of the ensuing articles, 

I. Wherefore it is fully AGEEED and CONCLUDED be- 
tween the parties above named, and they jointly and severally 
do, by these presents, agree and conclude that they all be, and 
henceforth be called by the name of the UNITED COLONIES 
OF NEW ENGLAND. 

II. These united colonies, for themselves and their posterities, 
do jointly and severally hereby enter into a firm and perpetual 
league of friendship and amity, for offence and defence, mutual 
advice and succour upon all just occasions, both for preserving 
and propagating the truth and liberties of the gospel, and for 
their own mutual safety and welfare. 

III. It is further agreed, that the plantations which at 
present are, or hereafter shall be settled within the limits of the 
Massachusetts, shall be forever under the government of the 
Massachusetts, and shall have peculiar jurisdiction amongst 
themselves in all cases as an entire body ; and that Plymouth, 
Connecticut, and New Haven, shall each of them in all respects 
have like peculiar jurisdiction and government within their limits, 
and in reference to the plantations which are already settled, or 
shall hereafter be erected, and shall settle within any of their 
limits respectively ; provided that no other jurisdiction shall 
hereafter be taken in as a distinct head or member of this con- 
federation, nor shall any other, either plantation or jurisdiction 
in present being, and not already in combination or under the 
jurisdiction of any of these confederates, be received by any of 
them : nor shall any two of these confederates join in one juris- 
diction, without consent of the rest, which consent to be inter- 
preted as in the sixth ensuing article is expressed. 

4* 



52 FEDEEAL AND UNIFIED CONSTITUTIONS 

IV. It is also by these confederates agreed, that the charge 
of all just wars, whether offensive or defensive, upon what part 
or member of this confederation soever they shall fall, shall, both 
in men and provisions and all other disbursements, be borne by 
all the parts of this confederation in different proportions, ac- 
cording to their different abilities, in manner following, viz. 
That the commissioners for each jurisdiction, from time to time 
as there shall be occasion, bring account and number of all the 
males in each plantation, or any way belonging to or under their 
several jurisdictions, of what quality or condition soever they 
be, from sixteen years old to sixty, being inhabitants there, and 
that according to the different numbers which from time to time 
shall be found in each jurisdiction upon a true and just account, 
the service of men and all charges of the war be borne by the 
poll ; each jurisdiction or plantation being left to their own 
just course or custom of rating themselves and people according 
to their different estates, with due respect to their qualities and 
exemptions among themselves, though the confederation take 
no notice of any such privilege ; and that, according to the 
different charge of each jurisdiction and plantation, the whole 
advantage of the war (if it please God so to bless their endeavours), 
whether it be in lands, goods or persons, shall be proportionably 
divided among the said confederates. 

V. It is further agreed, that if any of these jurisdictions, or 
any plantation under or in combination with them, be invaded 
by any enemy whatsoever, upon notice and request of any three 
magistrates of that jurisdiction so invaded, the rest of the con- 
federates, without any further notice or expostulation, shall 
forthwith send aid to the confederate in danger, but in different 
proportions, namely, the Massachusetts one hundred men 
sufficiently armed and provided for such a service and journey, 
and each of the rest forty-five men so armed and provided ; or 
any less number, if less be required, according to this proportion. 
But if such a confederate in danger may be supplied by their 
next confederate, not exceeding the number hereby agreed, they 
may crave help thence, and seek no further for the present ; the 
charge to be borne as in this article is expressed, and at their 
return to be victualled, and supplied with powder and shot, if 



THE NEW ENGLAND CONFEDERATION 53 

there be need, for their journey, by that jurisdiction which em- 
ployed or sent for them ; but none of the jurisdictions to exceed 
these numbers till by a meeting of the commissioners for this 
confederation a greater aid appear necessary ; and this propor- 
tion to continue till upon knowledge of the numbers in each 
jurisdiction, which shall be brought to the next meeting, some 
other proportion be ordered. But in any such case oi sending 
men for present aid, whether before or after such order or 
alteration, it is agreed that at the meeting of the commissioners 
ior this confederation, the cause of such war or invasion bo 
duly considered and if it appear that the fault lay in the party 
invaded, that then that jurisdiction or plantation make just 
satisfaction both to the invaders whom they have injured, and 
bear all the charge of the war themselves without requiring any 
allowance from the rest of the confederates towards the same. 
And further, that if any jurisdiction see any danger of an in- 
vasion approaching, and there be timo for a meeting, that in 
such case three magistrates of that jurisdiction may summons a 
meeting at such convenient place as themselves shall think 
meet, to consider and provide against the threatened danger ; 
provided when they are met, they may remove to what place 
they please : only while any of these four confederates have but 
three magistrates in their jurisdiction, a request or summons 
from any two of them shall be accounted of equal force with the 
three mentioned in both the clauses of this article, till there may 
ba an increase of magistrates there. 

VI. It is also agreed, that for the managing and concluding 
of all affairs peculiar to and concerning the whole confederation, 
commissioners shall be chosen by and out of each of these four 
jurisdictions, viz. two for the Massachusetts, two for Plymouth, 
two for Connecticut, and two for New Haven, all in church 
fellowship with us, which shall bring full power from their 
several general courts respectively, to hear, examine, weigh and 
determine all affairs o" war or peace, leagues, aids, charges, and 
numbers of men for war, division of spoils, or whatever is gotten 
by conquest ; receiving of more confederates or plantations into 
the combination with any of these confederates, and all things 
of like nature which are the proper concomitants or consequents 



54 FEDEKAL AND UNIFIED CONSTITUTIONS 

of such a confederation for amity, offence and defence, not inter- 
meddling with the government of any of the jurisdictions, which 
by the Third Article is preserved entirely to themselves. But if 
those eight commissioners, when they meet, shall not agree, yet 
it is concluded that any six of the eight, agreeing, shall have 
power to settle and determine the business in question ; but if 
six do not agree, that then such propositions, with their reasons, 
so far as they have been debated, be sent and referred to the 
four general courts, viz., the Massachusetts, Plymouth, Connecticut 
and New Haven : and if at all the said general courts the business 
so referred be concluded, then to be prosecuted by the confedera- 
tion and all their members. It is further agreed, that these 
eight commissioners shall meet once every year (besides extra- 
ordinary meetings according to the Fifth Article) to consider, 
treat, and conclude of all affairs belonging to this confederation, 
which meeting shall ever be the first Thursday in September and 
that the next meeting after the date of these presents (which 
shall be accounted the second meeting) shall be at Boston in the 
Massachusetts, the third at Hartford, the fourth at New Haven, 
the iit'th at Plymouth, the sixth and seventh at Boston, and so in 
course successively, if in the meantime some middle place be 
not found out and agreed upon, which may be commodious for all 
the jurisdictions. 

VII. It is further agreed, that at each meeting of these eight 
commissioners, whether ordinary or extraordinary, they all, or 
any six of them agreeing as before, may choose their president 
out of themselves, whose office and work shall be to take care 
and direct for order and a comely carrying on of all proceedings 
in their present meeting, but he shall be invested with no such 
power or respect, as by which he shall hinder the propounding 
or progress of any business, or any way cast the scales otherwise 
than in the preceding articles is agreed. 

VIII. It is also agreed, that the commissioners for this 
confederation hereafter at their meetings, whether ordinary or 
extraordinary, as they may have commission or opportunity, 
do endeavour to frame and establish agreements and orders in 
general cases of a civil nature wherein all the plantations are in- 
terested for preserving peace amongst themselves, and prevent- 



THE N: :ION 55 

ing, as much as may be, all occasions of war or differences with 
others, as about free and speedy passage of justice in each juris- 
diction to all the confederates equally, as to their own, receiving 
those that remove from one plantation to another without due 
certificates, how all the jurisdictions may carry it towai ds the 
Indians, that they neither grow insolent nor be injured without 
due satisfaction, lest war break in upon the confederates through 
miscarriages. It is also agreed, that if any servant ran away 
from his master into any of these confederate jurisdictions, that 
in such case, upon certificate of one magistrate in tho jurisdiction 
out of which the said servant fled, or upon other due proof, tho 
said servant shall be delivered either to his master or any other 
that pursues and brings such certificate or proof : And that upon 
the escape of any prisoner or fugitive for any criminal cause, 
whether breaking prison or getting from the officer, or otherwise 
escaping, upon the certificate of two magistrates of the juris- 
diction out of which the escape is made, that he was a prisoner 
or such an offender at the time of the escape, the magistrate, or 
some of them of the jurisdiction where for the present the said 
prisoner or fugitive abideth, shall forthwith grant such a warrant 
as the case will bear, for the apprehending of any such person 
and the delivery of him into the hand of the officer or other 
person who pursueth him ; and if there be help required for the 
safe returning of any such offender, then it shall be granted unto 
him that craves the same, he paying the charges thereof. 

IX. And for that the justest wars may be of dangerous con- 
sequence, especially to the smaller plantations in these united 
colonies, it is agreed, that neither the Massachusetts, Plymouth, 
Connecticut, nor New Haven, nor any of the members of any 
of them, shall at any time hsreafter begin, undertake, or engage 
themselves or this confederation, or any part thereof, in any war 
whatsoever, (sudden exigencies with the necessary consequences 
thereof excepted, which are also to be moderated as much as 
the case will permit,) without the consent and agreement of the 
aforenamed eight commissioners, or at least six of them, as in 
the sixth article is provided ; and that no charge be required of 
any of the confederates, in case of a defensive war, till the said 
commissioners have met and approved the justice of the war, 



56 FEDERAL AND UNIFIED CONSTITUTIONS 

and have agreed upon the sum of money to be levied, which 
sum is then to be paid by the several confederates in proportion 
according to the Fourth Article. 

X. That in extraordinary occasions, when meetings are 
summoned by three magistrates of any jurisdiction, or two, as 
in the Fifth Article, if any of the commissioners come not, due 
warning being given or sent, it is agreed that four of the com- 
missioners shall have power to direct a war which cannot be 
delayed, and to send for due proportions of men out of each 
jurisdiction, as well as six might do if all met ; but not less than 
six shall determine the justice of the war, or allow the demands 
or bills of charges, or cause any levies to bo made for the same. 

XI. It is further agreed, that if any of the confederates 
shall hereafter break any of these present articles, or be other- 
way injurious to any one of the other jurisdictions, such breach 
of agreement or injury shall be duly considered and ordered by 
the commissioners for the other jurisdictions, that both peace, 
and this present confederation may be entirely preserved with- 
out violation. 

XII. Lastly, this perpetual confederation, and the several 
articles and agreements thereof being read and seriously con- 
sidered both by the general court for the Massachusetts and the 
commissioners for the other three, were subscribed presently by 
the commissioners, all save those of Plymouth, who, for want 
of sufficient commission from their general court, deferred their 
subscription till the next meeting, and then they subscribed also, 
and were to be allowed by the general courts of the several 
jurisdictions, which accordingly was done, and certified at the 
next meeting held at Boston, (7), 7, 1643. 

ACT FOR THE UNION OF THE TWO KINGDOMS 
OF ENGLAND AND SCOTLAND. 6 MARCH, 1706-7. 
6 Anne, cap. 11. 

["Statutes of the Realm," vol. viii. pp. 566-577.] 

MOST gracious Sovereign 

Whereas Articles of Union were agreed on the Twenty-second 
Day of July in the Fifth Year of Your Majesty's reign by the 



THE UNION OF ENGLAND AND SCOTLAND 57 

Commissioners nominated on Behalf of the Kingdom of England 
under Your Majesty's Great Seal of England bearing Date at 
Westminster the Tenth Day of April then last past in pursuance 
of an Act of Parliament made in England in the Third Year of 
Your Majesty's Eeign, and the Commissioners nominated on 
behalf of the Kingdom of Scotland under Your Majestx \s Great 
Seal of Scotland bearing Date the Twenty-seventh Day of 
February in the Fourth Year of Your Majesty's Eeign in 
pursuance of the Fourth Act of the Third Session of the Present 
Parliament of Scotland to treat of and concerning an Union of 
the said Kingdoms ; And whereas an Act hath passed in the 
Parliament of Scotland at Edinburgh the Sixteenth Day of 
January in the Fifth Year of Your Majesty's Beign wherein 'tis 
mentioned that the Estates of Parliament considering the said 
Articles of Union of the Two Kingdoms had agreed to and 
approved of the said Articles of Union with some Additions and 
Explanations and that Your Majesty with Advice and Consent of 
the Estates of Parliament for establishing the Protestant Religion 
and Presbyterian Church Government within the Kingdom of 
Scotland had passed in the same Session of Parliament an 
Act intituled Aci for securing of the Protestant Eeligion and 
Presbyterian Church Government which by the Tenor thereof 
was appointed to be inserted in any Act ratifying the Treaty and 
expressly declared to be a fundamental and essential Condition 
of the said Treaty or Union in all times coming the Tenor of 
which Articles as ratified and approved of with Additions and 
Explanations by the said Act of Parliament of Scotland follows. 

Art'icle I. That the Two Kingdoms of England and Scotland 
shall upon the First day of May [1707] and for ever after be united 
into One Kingdom by the Name of Great Britain. [Her Majesty 
shall appoint Ensigns Armorial and decide how the Crosses of 
St. George and St. Andrew shall be conjoined.] 

Article II. That the Succession to the Monarchy of the 
United Kingdom of Great Britain and of the Dominions there- 
to belonging after Her most Sacred Majesty and in default of 
Issue of Her Majesty be remain and continue to the most 
Excellent Princess Sophia Electoress and Duchess Dowager of 
Hanover arid the Heirs of Pier Body being Protestants [Cites 



58 FEDEEAL AND UNIFIED CONSTITUTIONS 

Act of Settlement (12 and 13 Will. III., Cap. 2) whereby Papists 
and also Persons marrying Papists are excluded (1 Will, and 
Mar., Sess. 2, Cap. 2).] 

Article III. That the United Kingdom of Great Britain he 
represented by One and the same Parliament to be styled The 
Parliament of Great Britain. 

Article IV. That all the Subjects of the United Kingdom of 
Great Britain shall from and after the Union have full Freedom 
and Intercourse of Trade and Navigation to and from any Port 
or Place within the said United Kingdom and the Dominions 
and Plantations thereunto belonging and that there be a Com- 
munication of all other Eights Privileges and Advantages which 
do or may belong to the Subjects of either Kingdom except 
where it is otherwise expressly agreed in these Articles. 

Article V. [All Scotch ships declared to be British.] 

Article VI. That all Parts of the United Kingdom for ever 
from and after tho Union shall have the same Allowances 
Encouragements and Drawbacks and be under the same Pro- 
hibitions Eestrictions and Eegulations of Trade and liable to the 
same Customs and Duties on Import and Export [Those settled 
in England shall take place throughout the United Kingdom] 
excepting and reserving the Duties upon Export and Import of 
such particular Commodities from which any Persons the 
Subjects of either Kingdom are specially liberated and exempted 
by their Private Eights which after the Union are to remain safe 
and entire to them in all Eespects as before the same. [Scotch 
Cattle imported into England to be subject only to tho same 
duties as English Cattle. Eowards on exportation of grain 
extended to Oats grinded and ungrinded and prohibition of im- 
portation of food into Scotland continued.] 

Article VII. [Scotland to be liable to English Excise.] 

Article VIII. [The salt duties to be as in England. Provisions 
re Salt Meat and Salt Fish from Scotland.] 

Article IX. [The Land Tax. Quota of Scotland to be in 
proportion to that of England.] 

Articles X., XL, XII., XIII. [Stamp Duties, Window Tax, 
Duties on Coals, Culm and Cinders, and Malt Duty not to be 
charged to Scotland while English Acts in force.] 



THE UNION OF ENGLAND AND SCOTLAND 59 

Article XIV. That the Kingdom of Scotland be not charged 
with any other Duties laid on by the Parliament of England 
before the Union except theso consented to in this Treaty in re- 
gard it is agreed that all necessary Provision shall be made by the 
Parliament of Scotland for the Public Charge and Service of that 
Kingdom for the Year [1707], Provided nevertheless that if the 
Parliament of England shall think fit to lay any further Imposi- 
tions by way of Customs or such Excises with which by virtue of 
this Treaty, Scotland is to be charged equally with England in such 
case Scotland shall be liable to the same Customs and Excises 
and have an Equivalent to be settled by the Parliament of Great 
Britain. . . . And seeing it cannot be supposed that the Parlia- 
ment of Great Britain will ever lay any sort of Burthens upon the 
United Kingdom but what they shall find of necessity at that Time 
for the Preservation and Good of the Whole and with due regard 
to the Circumstances and Abilities of every part of the United 
Kingdom therefore it is agreed that there be no further Exemp- 
tion insisted upon for any part of the United Kingdom but that 
the Consideration of any Exemptions beyond what are already 
agreed on in this Treaty shall be left to the Determination of the 
Parliament of Great Britain. 

Article XV. [Scotland shall have an equivalent for duties 
charged towards payment of Debts of England (viz. grant of 
398,085Z.). Since customs and excise revenue will increase as 
result of Union the equivalent shall proportionately increase. 
The grant to be used for (a) losses of individuals by lowering of 
Scottish coinage ; (b) payment of Stock of Scottish Commercial 
Companies.] That all the public Debts of the Kingdom of Scot- 
land as shall be adjusted by this present Parliament shall be paid 
and that Two thousand pounds per annum for the Space of Seven 
Years shall be applied towards encouraging and promoting the 
Manufacture of coarse Wool within those Shires which produce 
the Wool. [2000Z. per annum shall also be paid for the en- 
couragement of fisheries and other manufactures in Scotland. 
Commissioners shall be appointed by the Queen to dispose of 
all the above sums.] 

Article XVI. [Coinage in Scotland to be of same standard as 
that of England.] 



60 FEDEEAL AND UNIFIED CONSTITUTIONS 

Article XVII. [Weights and measures in Scotland to be of 
same standard as those of England.] 

Article XVIII. That the Laws concerning Eogulation of 
Trade Customs and such Excises to which Scotland is by virtue 
of this Treaty to be liable be the same in Scotland from and after 
the Union as in England and that all other Laws in Use within 
the Kingdom of Scotland do after the Union and notwithstand- 
ing thereof remain in the same Force as before (except such as 
are contrary to or inconsistent with this Treaty) but alterable by 
the Parliament of Great Britain with this Difference betwixt the 
Laws concerning public Eight Policy and Civil Government and 
those which concern private Eight that the Laws which concern 
public Eight Policy and Civil Government may be made the 
same throughout the whole United Kingdom. But that no 
Alteration be mado in Laws which concern private Eight except 
for evident Utility of the Subjects within Scotland. 

Article XIX. That the Court of Session or College of Justice 
do after the Union and notwithstanding thereof remain in all 
Time coming within Scotland as it is now constituted by tho 
Laws of that Kingdom and with the same Authority and 
Privileges as before the Union subject nevertheless to such 
Eegulations for the better Administration of Justice as shall be 
made by the Parliament of Great Britain. [Advocates or 
Principal Clerks of Session or Writers to the Signet alone to be 
nominated as Lords of Session subject to certain conditions.] 
And that the Court of Justiciary do also after the Union and 
notwithstanding thereof remain in all time coming within 
Scotland as it is now constituted by the Laws of that Kingdom 
and with the same Authority and Privileges as before the Union 
subject nevertheless to such Eegulations as shall be made by the 
Parliament of Great Britain and without Prejudice of other 
Eights of Justiciary. And that all Admiralty Jurisdictions be 
under the Lord High Admiral or Commissioners for the Admir- 
alty of Great Britain for the Time being and that the Court of 
Admiralty now established in Scotland be continued and that 
all Eeviews, Eeductions or Suspensions of the Sentences in 
maritime Cases competent to the jurisdiction of that Court re- 
main in the same manner after the Union as now in Scotland 



THE UNION OF ENGLAND AND SCOTLAND 61 

until the Parliament of Great Britain shall make such Regula- 
tions and Alterations as shall be judged expedient for the whole 
United Kingdom so as there be always continued in Scotland a 
Court of Admiralty. . . . [Heritable rights of Admiralty are 
reserved subject to regulations of Parliament. Other Courts to 
remain subject to alterations of Parliament.] And that no 
Causes in Scotland be cognoscible by the Courts of Chancery, 
Queen's Bench, Common Pleas or any other Court in West- 
minster Hall and that the said Courts or any other of the like 
nature after the Union shall have no Power to cognosce Eeview 
or alter the Acts or Sentences of the Judicatures within Scotland 
or stop the Execution of the same. Arid that there be a Court 
of Exchequer in Scotland after the Union for deciding Questions 
concerning the Revenues of Customs and Excises there having 
the same Power and Authority in such Cases as the Court of 
Exchequer has in England . . . and that the Court of Ex- 
chequer that now is in Scotland do remain until a new Court of 
Exchequer be settled by the Parliament of Great Britain in 
Scotland after the Union. And that after the Union the Queen's 
Majesty and Her Royal Successors may continue a Privy 
Council in Scotland for preserving of public Peace and Order 
until the Parliament of Great Britain shall think fit to alter it 
or establish any other effectual Method for that End. 

Article XX. [Heritable Offices, Jurisdictions, etc. to be 
reserved to Owners as rights of property.] 

Article XXI. [Rights and Privileges of Royal Burghs main- 
tained.] 

Article XXII. That by virtue of this Treaty of the Peers of 
Scotland at the Time of the Union Sixteen shall be the number 
to sit and vote in the House of Lords and Forty-five the number 
of the Representatives of Scotland in the House of Commons 
of the Parliament of Great Britain and that when Her Majesty, 
Her Heirs or Successors, shall declare her or their Pleasure for 
holding the First or any subsequent Parliament of Great Britain 
until the Parliament of Great Britain do make further provision 
therein a Writ do issue under the Great Seal of the United 
Kingdom directed to the Privy Council of Scotland commanding 
them to cause Sixteen Peers who are to sit in the House of Lords 



62 FEDEBAL AND UNIFIED CONSTITUTIONS 

to be summoned to Parliament and Forty-five members to be 
elected to sit in the House of Commons of the Parliament of 
Great Britain. . . . [Names of those elected to be returned by 
Privy Council to Court from which Writ issued. Queen may 
proclaim present members of English Parliament to be members 
of the first Parliament of Great Britain, and also may proclaim 
time and place of its meeting. Members to take oaths appointed 
in place of these of Allegiance and Supremacy etc. to the Crown 
and Eealm of Great Britain.] 

Article XXIII. [The sixteen Peers to have all Privileges of 
Parliament which Peers of England and Great Britain have or 
shall have, especially the Bight of trying Peers. All Peers of 
Scotland after the Union to be Peers of Great Britain and to 
rank immediately after peers of England before the Union.] 

Article XXIV. That from and after the Union there be one 
Great Seal for the United Kingdom of Great Britain which shall 
be different from the Great Seal now used in either Kingdom. 
. . . [Great Seal to be used for the public instruments and treaties 
concerning the United Kingdom. Separate Seal to be used in 
Scotland for private grants. Old Seals to be continued till new 
ones ready. Begalia and Becords etc. of Scotland to be kept as 
before.] 

Article XXV. I. That all Laws and Statutes in either 
Kingdom so far as they are contrary to and inconsistent with 
the Terms of these Articles, or any of them, shall, from and 
after the Union cease and become void and shall be so declared 
to be by the respective Parliaments of the said Kingdoms. 

As by the said Articles of Union ratified and approved by 
the said Act of Parliament of Scotland Belation being thereunto 
had may appear. 

IE. And the Tenor of the aforesaid Act for securing the 
Protestant Beligion and Presbyterian Church Government 
within the Kingdom of Scotland is as follows 

Our Sovereign Lady and the Estates of Parliament, con- 
sidering that by the late Act of Parliament for a treaty with 
England for an Union of both Kingdoms it is provided that the 
Commissioners for that Treaty should not treat of or concerning 
any Alteration of the Worship, Discipline and Government of 



THE UNION OF ENGLAND AND SCOTLAND 63 

the Church of this Kingdom as now by Law established, which 
Treaty being now reported to the Parliament and it being 
reasonable and necessary that the true Protestant Religion as 
presently professed within this Kingdom with the Worship, 
Discipline and Government of this Church should be effectually 
and unalterably secured, therefore Her Majesty with Advice and 
Consent of the said Estates of Parliament doth hereby establish 
and confirm the said true Protestant Eeligion and the Worship, 
Discipline and Government of this Church to continue without 
any alteration to the People of this Land in all succeeding 
Generations and more especially Her Majesty with Advice and 
Consent aforesaid ratifies, approves and for ever confirms the 
Fifth Act of the First Parliament of King William and Queen 
Mary intituled an Act ratifying the Confession of Faith and 
settling Presbyterian Church Government, with all other Acts 
of Parliament relating thereto in Prosecution of the Declaration 
of the Estates of this Kingdom containing the Claim of Eight 
bearing dato [11 April, 1689] ; and Her Majesty with Advice 
and Consent aforesaid expressly provides and declares that the 
foresaid true Protestant Eeligion contained in the above- 
mentioned Confession of Faith with the Form and Purity of 
Worship presently in use within this Church and its Presby- 
terian Church Government and Discipline (that is to say) the 
Government of the Church by Kirk Sessions, Presbyteries, 
Provincial Synods and General Assemblies all established by the 
foresaid Acts of Parliament pursuant to the Claim of Eight shall 
remain and continue unalterable and that the said Presbyterian 
Government shall be the only Government of the Church within 
the Kingdom of Scotland. 

[For greater security of Protestant Eeligion, Universities and 
Colleges of Scotland to continue. Professors, etc., to acknowledge 
Civil Government and subscribe to Confession of Faith.] 

And further, Her Majesty with Advice aforesaid, expressly 
declares and statutes that none of the subjects of this King- 
dom . shall be liable to, but all and every one of them for ever 
free of any Oath, Test or Subscription within this Kingdom 
contrary to or inconsistent with the foresaid true Protestant 
Beligion and Presbyterian Church Government, Worship and 



64 FEDERAL AND UNIFIED CONSTITUTIONS 

Discipline as above established and that the same within the 
bounds of this Church and Kingdom shall never be imposed upon 
or required of them in any Sort ; And lastly, that after the Decease 
of Her present Majesty (whom God long preserve), the Sovereign 
succeeding to her in the Eoyal Government of the Kingdom of 
Great Britain shall in all Time coming at His or Her Accession 
to the Crown swear to subscribe that they shall inviolably 
maintain and preserve the foresaid Settlement of the True Pro- 
testant Eeligion with the Government Worship, Discipline, 
Bight and Privileges of this Church as above established by the 
Laws of this Kingdom in Prosecution of the Claim of Eight. 

And it is hereby statute and ordained that this Act of 
Parliament with the Establishment herein contained shall be 
held and observed in all Time coming as a fundamental and 
essential condition of any Treaty or Union to be concluded 
betwixt the Two Kingdoms without any Alteration thereof or 
Derogation thereto in any Sort for ever. As also that this Act 
of Parliament and Settlement therein contained shall be insert 
and repeated in any Act of Parliament that shall pass for agree- 
ing and concluding the foresaid Treaty or Union betwixt the 
Two kingdoms and that the same shall be therein expressly de- 
clared to be a fundamental and essential Condition of the said 
Treaty or Union in all Time coming which Articles of Union 
and Act immediately above written Her Majesty with Advice and 
Consent aforesaid statutes enacts and ordains to be and continue 
in all Time coming the sure and perpetual Foundation of a 
Complete and Entire Union of the Two Kingdoms of Scotland 
and England under the Express Condition and Provision that 
this Approbation and Eatification of the foresaid Articles and 
Act shall be no ways binding on this Kingdom until the said 
Articles and Act be ratified, approved and confirmed by Her 
Majesty with and by the Authority of the Parliament of England 
as they are now agreed to be approved and confirmed by Her 
Majesty with and by the Authority of the Parliament of Scotland, 
declaring nevertheless that the Parliament of England may pro- 
vide for the Security of the Church of England as they think ex- 
pedient to take place within the bounds of the said Kingdom of 
England and not derogating from the Security above provided 



THE UNION OF ENGLAND AND SCOTLAND 65 

for establishing of the Church of Scotland within the Bounds 
of this Kingdom as also the said Parliament of England may 
extend the Additions and other Provisions contained in the 
Articles of Union as above insert in Favours of the Subjects of 
Scotland to and in favour of the Subjects of England which 
shall not suspend or derogate from the Force and Effect of this 
present Katification but shall be understood as herein included 
without the Necessity of a new Batification in the Parliament 
of Scotland. 

And lastly Her Majesty enacts and declares that all Laws 
and Statutes in this Kingdom so far as they are contrary to or 
inconsistent with the Terms of these Articles as above mentioned 
shall from and after the Union cease and become void. 

III. [Cites 6 Anne cap. 8, An Act for securing the Church 
of England ; which re-enacts 13 Eliz. cap. 12, An Act for the 
ministers of the Church to be of sound religion ; and 13 and 
14 Car. 2, cap 4, the Act of Uniformity, as regards the Church 
of England.] 

And be it further enacted by the authority aforesaid, 
That after the demise of her Majesty (whom God long preserve) 
the Sovereign next succeeding to her Majesty in the royal 
government of the Kingdom of Great Britain, and so for ever 
hereafter, every King and Queen succeeding ... at his or her 
Coronation, shall in the presence of all persons who shall be at- 
tending . . . take and subscribe an oath to maintain and preserve 
inviolably the said settlement of the Church of England. 

And be it further enacted by the authority aforesaid, 
That this Act, all and every the matters and things therein con- 
tained, be, and shall for ever be holden and adjudged to be a 
fundamental and essential part of any treaty of union to be con- 
cluded between the said two Kingdoms. 

IV. May it therefore please your most Excellent Majesty, 
that it may be enacted ; and be it enacted by the Queen's most 
excellent Majesty, by and with the Advice and Consent of the 
Lords Spiritual and Temporal, and Commons, in this present 
Parliament assembled, and by Authority of the same, That all 
and every the said Articles of Union as ratified and approved 
by the said Act of Parliament of Scotland, as, aforesaid, and 

5 



66 FEDEEAL AND UNIFIED CONSTITUTIONS 

herein before particularly mentioned and inserted ; and also the 
said Act of Parliament of Scotland for establishing the Protestant 
Eeligion, and Presbyterian Church Government within that 
Kingdom, intituled, Act for securing the Protestant Eeligion and 
Presbyterian Church Government, and every Clause, Matter, and 
Thing in the said Articles and Act contained shall be and the 
said Articles and Act are hereby for ever ratified, approved and 
confirmed. 

V. [Act (6 Anne cap. 8) for securing the Church of England 
and that of the Parliament of Scotland for securing the Church 
of Scotland to be held fundamental Conditions of the Union. 
These Acts] and the said Articles of Union ... are hereby 
enacted and ordained to be and continue in all Times coming 
the complete and entire Union of the Two Kingdoms of England 
and Scotland. 

VI. And whereas since the passing the said Act in the 
Parliament of Scotland for ratifying the said Articles of Union 
one other Act intituled Act settling the manner of electing the 
Sixteen Peers and Forty-five Members to represent Scotland 
in the Parliament of Great Britain hath likewise passed in 
the said Parliament of Scotland at Edinburgh [5 February, 
1707] ... the Tenor Whereof follows. 

[Here follow detailed provisions for the election of the Peers 
and the representatives as contained in the Act.] 

VII. [Ee-enacts these provisions.] 

THE DECLAEATION OF INDEPENDENCE OF THE 
THIETEEN AMEEICAN COLONIES. 4 JULY, 1776. 

[Jonathan Elliot, "Debates on the Federal Constitution," 2nd ed., 
1836. Reprinted 1907. Vol. i. pp. 60-63.] 

In Congress, July 4, 1776. 

The Unanimous Declaration of the Thirteen United States of 

America. 

WHEN, in the course of human events, it becomes necessary 
for one people to dissolve the political bands which have con- 
nected them with another, and to assume, among the powers of 



THE DECLARATION OF INDEPENDENCE 67 

the earth, the separate and equal station to which the laws of 
nature and of nature's God entitle them, a decent respect to 
the opinions of mankind requires that they should declare the 
causes which impel them to the separation. 

We hold these truths to be self-evident that all men are 
created equal ; that they are endowed by their Creator with 
certain unalienablo rights ; that among these are life, liberty, 
and the pursuit of happiness, that to secure those rights, 
governments are instituted among men, deriving their just 
powers from the consent of the governed ; that, whenever any 
form of government becomes destructive of these ends, it is the 
right of the people to alter or to abolish it, and to institute 
new government, laying its foundation on such principles, and 
organizing its powers in such form, as to them shall seem most 
likely to effect their safety and happiness. 

Prudence, indeed, will dictate that governments long es- 
tablished should not be changed for light and transient causes ; 
and accordingly, all experience hath shown that mankind are 
more disposed to suffer while evils are sufferable, than to right 
themselves by abolishing the forms to which they are ac- 
customed. But when a long train of abuses and usurpations, 
pursuing invariably the same object, evinces a design to reduce 
them under absolute despotism, it is their right, it is their duty, 
to throw off such government, and to provide new guards for 
their future security. Such has been the patient sufferance of 
these colonies ; and such is now the necessity which constrains 
them to alter their former systems of government. The history 
of the present king of Great Britain is a history of repeated 
injuries and usurpations, all having in direct object the es- 
tablishment of an absolute tyranny over these states. To prove 
this, let facts be submitted to a candid world. He has refused 
his assent to laws the most wholesome and necessary for the 
public good. He has forbidden his governors to pass laws of 
immediate and pressing importance, unless suspended in their 
operation till his assent should be obtained ; and when so sus- 
pended, he has utterly neglected to attend to them. 

He has refused to pass other laws, for the accommodation of 
large districts of people, unless those people would relinquish 



68 FEDEKAL AND UNIFIED CONSTITUTIONS 

the right of representation in the legislature a right inestimable 
to them, and formidable to tyrants only. 

He has called together legislative bodies at places unusual, 
uncomfortable, and distant from the repository of their public 
records, for the sole purpose of fatiguing them into compliance 
with his measures. 

He has dissolved representative houses repeatedly for op- 
posing, with manly firmness, his invasions on the rights of the 
people. 

He has refused, for a long time after such dissolutions, to 
cause others to be elected ; whereby the legislative powers, in- 
capable of annihilation, have returned to the people at large, for 
their exercise, the state remaining, in the mean time, exposed 
to all the dangers of invasion from without and convulsions 
within. 

He has endeavoured to prevent the population of these 
states, for that purpose obstructing the laws for naturalization 
of foreigners ; refusing to pass others to encourage their mi- 
gration hither, and raising the conditions of new appropriations 
of lands. 

He has obstructed the administration of justice, by refusing 
his assent to laws for establishing judiciary powers. 

He has made judges dependent on his will alone for the 
tenure of their offices, and the amount and payment of their 
salaries. 

He has erected a multitude of new offices, and sent hither 
swarms of officers to harass our people and eat out their sub- 
stance. He has kept among us, in times of peace, standing 
armies without the consent of our legislatures. 

He has affected to render the military independent of, and 
superior to, the civil power. 

He has combined with others to subject us to a jurisdiction 
foreign to our constitution and unacknowledged by our laws ; 
giving his assent to their acts of pretended legislation : 

For quartering large bodies of armed troops among us : For 
protecting them, by a mock trial, from punishment for any 
murders which they should commit on the inhabitants of these 
states : For cutting off our trade with all parts of the world : 



THE DECLABATION OF INDEPENDENCE 69 

For imposing taxes on us without our consent : For depriving 
us, in many cases, of the benefits of trial by jury : For trans- 
porting us beyond seas to be tried for pretended offences : 
For abolishing the free system of English laws in a neighbouring 
province, establishing therein an arbitrary government, and en- 
larging its boundaries, so as to render it at once an example 
and fit instrument for introducing the same absolute rulo into 
these colonies : For taking away our charters, abolishing our 
most valuable laws, and altering, fundamentally, the forms of 
our governments : For suspending our own legislatures, and 
declaring themselves invested with power to legislate for us in 
all cases whatsoever. 

He has abdicated government here, by declaring us out of 
his protection and waging war against us. He has plundered 
our seas, ravaged our coasts, burnt our towns, and destroyed 
the lives of our people. 

He is at this time transporting large armies of foreign 
mercenaries to complete the works of death, desolation, and 
tyranny, already begun, with circumstances of cruelty and 
perfidy scarcely paralleled in the most barbarous ages, and 
totally unworthy the head of a civilized nation. 

He has constrained our fellow-citizens, taken captive on the 
high seas, to bear arms against their country, to become the 
executioners of their friends and brethren, or to fall themselves 
by their hands. 

He has excited domestic insurrections amongst us, and has 
endeavoured to bring on the inhabitants of our frontiers the 
merciless Indian savages, whose known rule of warfare is an 
undistinguished destruction of all ages, sexes, and conditions. 

In every stage of these oppressions we have petitioned for 
redress in the most humble terms : our repeated petitions have 
been answered only by repeated injury. A prince, whose 
character is thus marked by every act which may define a 
tyrant, is unfit to be the ruler of a free people. 

Nor have we been wanting in attentions to our British 
brethren. We have warned them, from time to time, of at- 
tempts by their legislature to extend an unwarrantable juris- 
diction over us. We have reminded them of the circumstances 



70 FEDERAL AND UNIFIED CONSTITUTIONS 

of our emigration and settlement here. We have appealed to 
their native justice and magnanimity, and we have conjured 
them, by the ties of our common kindred, to disavow these 
usurpations, which would inevitably interrupt our connections 
and correspondence. They too have been deaf to the voice of 
justice and of consanguinity. We must, therefore, acquiesce in 
the necessity which denounces our separation, and hold them, 
as we hold the rest of mankind, enemies in war, in peace 
friends. 

We, therefore, the representatives of the United States of 
America, in general Congress assembled, appealing to the 
Supreme Judge of the world for the rectitude of our intentions, 
do, in the name and by the authority of the good people of 
these colonies, solemnly publish and declare, that these United 
Colonies are, and of right ought to be, free and independent 
states ; that they are absolved from all allegiance to the British 
crown, and that all political connection between them and the 
state of Great Britain is, and ought to be, totally dissolved ; and 
that, as free and independent states, they have full power to 
levy war, conclude peace, contract alliances, establish commerce, 
and to do all other acts and things which independent states 
may of right do. And for the support of this declaration, with 
a firm reliance on the protection of Divine Providence, we 
mutually pledge to each other our lives, our fortunes and our 
sacred honor. 

ARTICLES OF CONFEDERATION OF THE UNITED 
STATES OF AMERICA. 15 NOVEMBER, 1777. 

[Jonathan Elliot, " Debates on the Federal Constitution," 
vol. i. pp. 79-84.] 

To all to whom these Presents shall come, we, the undersigned, 
Delegates of the States affixed to our names, send greeting : 

WHEREAS the delegates of the United States of America, in Con- 
gress assembled, did, on the fifteenth dajr of_ November^ in the year of 
qur Lord one thousand seven hundred _and sevenfy^seven, and in the 
second year of the Independence of America, agree to certain articles 
of Cojafederation and Perpetual Union_belween the states of New 
Hampshire, Massachusetts Day/HEoHe Island and Providence Planta- 



ABTIGLES OP CONFEDERATION 71 

tions, Connecticut, New^ York, New Jersey, Pennsylvania, Delaware, 
Maryland, Virgjijia, North Carolina; 1 South Carolina, aid Georgia, in 
the words following, viz. : ' : 

Articles of Confederation and Perpetual Union between 
the States of New Hampshire, Massachusetts Bay, Khodo 
Island and Providence Plantations, Connecticut, New 
York, New Jersey, Pennsylvania, Delaware, Maryland, 
Virginia, North Carolina, South Carolina, and Goorgia. 
I. The style of this confederacy shall be, " The United States 
of America." 

*""* II. Each state retains its sovereignty, freedom and in- 
dependence, and every power, jurisdiction and right, which is 
not by "tlils Confederation expressly delegated to the United 
States in Congress assembled. 

III. The said states hereby severally enter into a firm league 
of friendship with each other for their common defence, the 
security of their liberties, and their^mutual aud.g^a&raL welfare ; 
binding themselves to assist each other against all force offered 
to, or attacks made upon them, or any of them, on account of 
religion, sovereignty, trade or any other pretence whatever. 

IV. The better to secure and perpetuate mutual friendship 
and intercourse among the people of the different states in this 
Union, the free inhabitants of each of these states paupers, 
vagabonds and fugitives from justice, excepted shall be entitled 
to all privileges and iinmunitiBS , oX f ree citizens in the several 
state_s ; and the people of each state shall have free ingress and 
regress to and from any other state, and shall enjoy therein all 
the privileges of trade and commerce^, subject to the same 
duties,' impbsTfiblff^ as the inhabitants thereof, 
respectively, provided that such restrictions shall not extend so 
far as to prevent the removal of property imported into any 
state from any other state, of which the owner is an inhabitant ; 
provided also, that no imposition, duty, or restriction, shall be 
laid by any state on the property of the United States, or either 
of them. 

If any person, guilty of, or charged with, treason, felony, or 
other high misdemeanor, in any state, shall flee from justice, 
and be found in any of the United States, he shall, upon demand 



72 h . FEDEKAL AND UNIFIED CONSTITUTIONS 

of the governor or executive power of the state from which he 
fled, be delivered up, and removed to the state having jurisdiction 
of his offence.""""" 

Full faith and credit shall be given, in each of these states, 
to the records, acts, and judicial proceedings, of the courts and 
magistrates of every other state. 

V. For the more convenient management of the general 
interests of the United States, delegates shaH~T)e annually 
appointed in such manner as the legislature of eapK staieushall 
direct, to meet in Congress on the first Monday in November, in 
every year, with a power reserved to each state to recall its 
delegates, or any of them, at any time within the year, and to 
send others in their stead for the remainder of the year. 

No state shall be represented in Congress by less than two, 
nor by more than seven members^Tancl no person "IKall"~be 
capable of being a delegate for more than three, years in any 
term of six years ; nor shall any person, being a delegate, be 
capable of holding any office under the United States, for which 
he, or another for his benefit, receives any salary, fees, or 
emolument of any kind. 

Jfach stato shall maintain its own delegates in a meeting of 
the states and while they act as members of the committee of 
the states. 

In determining questions in the United States in Congress 
assembled, each state shall have one vote. 

Freedom of speech and debate in Congress shall not be 
impeached or questioned in any court or place out of Congress ; 
and the members of Congress shall be protected in their 
persons from arrests and imprisonments during the time of their 
going to and from, and attendance on, Congress, except for 
treason, felony, or breach of the peace. 

VI. No state, without the consent of the United States in 
, Congress assembled, shall send any embassy to, or receive any 

embassy from, or enter into arr^j^nfc&k^ alliance, 

orjareatyy-with any king, prince or state; nor shall any person 
holding any office of profit or trust under the United States, or 
any of them, accept of any .present, emolumen.tr oflice^ or title, 
of any kind whatever, from any king, prince, or foreign state ; 



ABTICLES OF CONFEDERATION 73 

nor shall the United States in Congress assembled, or any of 
them, grant any title of nobility. 

No two or more states shall enter into any treaty, confedera- 
tion, or alliance whatever between them, without the eensent of 
the United States in Congress assembled, specif jim^ accurately 
the purposes for which the same is t6 be "entered into, :md how 
long it shall continue. 

No state shall lay any imposts or duties, which may interfere 
with any stipulations in treaties entered into, by the United 
States in Congress assembled, with any king, prince, or state, in 
pursuance of any treaties already proposed by Congress to the 
courts of France and Spain. . . . 

No state shall engage in any war without the consent of the 
United States in Congress assembled, unless such state be 
actually invaded by enemies, or shall have received certain 
advice of a resolution being formed by some nation of Indiana 
to invade such state, and the danger is so imminent as riot to 
admit of a delay till the United States in Congress assembled 
can be consulted ; . . . 

VII. When land forces are raised by any state for the 
common defence, all officers of or under the rank of colonel 
shall be appointed by the legislature of each state, respectively, 
by whom such forces shall be raised, or in such manner as such 
state shall direct ; and all vacancies shall be filled up by the state 
which first made the appointment. 

VIII. All charges of war, and all other expenses that shall 
be incurred for the common defence or general welfare, and 
allowed by the United States in Congress assembled, shall be 
defrayed out of a common treasury, which shall be supplied by 
the several states, in proportion to the value jgtf jail land, within 
each state, granted to^oF^uTv^eHTor any person, as such land, 
and the buildings and improvements thereon, shall be estimated 
according to such mode as the United States in Congress 
assembled shall, from time to time, direct and appoint. 

fwrepoHion shall be laid and levied 



74 FEDEBAL AND UNIFIED CONSTITUTIONS 

by the authority and direction of the legislatures of the several 
states, within the time agreed upon by the United States in 
Congress assembled. 

IX. The United States in Congress assembled shall have the 
sole and exclusive right and power of determining on peace and 
war, except in the cases mentioned in the sixth article of 
sending and receiving ambassadors entering into treaties and 
alliances ; provided that no treaty of commerce shall be made 
whereby the legislative power of the respective states shall be 
restrained from imposing such imposts and duties on foreigner 
as their own people are subjetsted to, or from prohibiting the 
exportation or importation of any species of goods or com- 
modities whatsoever of establishing rules for deciding, in all 
cases, what captures, on land or water, shall be legal, and in 
what manner prizes taken by land or naval forces in the service 
of the United States shall be divided or appropriated of grant- 
ing letters of marque and reprisal in times of peace appointing 
courts for the trial of piracies and felonies committed on the 
high seas, and establishing courts for receiving and determining 
finally appeals in all cases of capture ; provided that no member 
of Congress shall be appointed a judge of any of the said courts. 

The United States in Congress assembled shall also be the 
last resort on appeal in all disputes and differences now subsist- 
ing, or that hereafter may arise, between two or mpre^states, 
concerning boundary, jurisdiction, or any other cause what- 
ever'; ... 



The United States in Congress assembled shall also have the 
sole and exclusive right and power of regulating the alloy and 
value of coin struck by their own authority, or by that of the 
respective states; fixing tlje standard of weights and measures 
throughout the United States ; regulating the trade and manag- 
ing all affairs with the Indians not members of any of the states, 
provided that the legislative right of any state within its own 
limits be not infringed or violated ; establishing and regulating 
post-offices from one state to another throughout all the United 
States, and exacting such postage on the papers passing through 
the same as may be requisite to defray the expenses of the said 



ARTICLES OF CONFEDERATION 75 

office ; appointing all officers of the land forces in the service of 
the United States, excepting regimental officers ; appointing all 
the officers of the naval forces, and commissioning all officers 
whatever in the service of the United States ; making rules for 
the government and regulation of the said land and navil forces 
and directing their operations. 

The United States in Congress assembled shall have authority 
to appoint a Committee to sit in the recess of Congress, to bt 
denominated " a committee of the states," and to consist of one 
delegate from eacli state ; and to appoint such other committee*- 
and civil officers as may be necessary for managing the general 
affairs of the United States under their direction to appoint one 
of their number to preside, provided that no person be allowed 
to serve in the office of president more than one year in any term 
of three years to ascertain the necessary sums of money to be 
raised for the service of the United States, and to appropriate 
and apply the same for defraying the public expenses to borrow 
money or emit bills on the credit of the United States, transmit- 
ting every half year, to the respective states, an account of the 
sums of money so borrowed or emitted to build and equip a 
navy to agree upon the number of land forces, and to make 
requisitions from each state for its (juota, in proportion to the 
number of while inhabitants in such state ; which requisitions 
shall be binding ; and thereupon the legislature of each state 
shall appoint the regimental officers, raise the men, and clothe, 
arm and equip them in a soldier-like manner, at the expense of 
the United States ; and the officers and men so clothed, armed, 
and equipped, shall march to the place appointed, and within 
the time agreed on by the United States in Congress assembled : 
but if the United States in Congress assembled shall, on con- 
sideration of circumstances, judge proper that any state should 
not raise men, or should raise a smaller number than its quota, 
and that any other state should raise a greater number of men 
than the quota thereof, such extra number shall be raised, 
officered, clothed, armed, and equipped in the same manner as 
the quota of such state, unless the legislature of such state 
shall judge that such extra number cannot be safely spared 
out of the same ; in which case they shall raise, officer, clothe, 



76 FEDEBAL AND UNIFIED CONSTITUTIONS 

arm, and equip, as many of such extra number as they judge 
can be safely spared. And the officers and men so clothed, 
armed, and equipped, shall march to the place appointed, and 
within the time agreed on by the United States in Congress 
assembled. 

The United States in Congress assembled shall never engage 
in a war ; nor grant letters of marque and reprisal in time of 
peace ; nor enter into any treaties or alliances ; nor coin money ; 
nor regulate the value thereof, nor ascertain the sums and 
expenses necessary for the defence and welfare of the United 
States, or any of them ; nor emit bills ; nor borrow money on 
the credit of the United States; nor appropriate money; nor 
agree upon the number of vessels of war to be built or purchased, 
or the number of land or sea forces to be raised ; nor appoint 
a commander-in-chief of the army or navy, unless nine states 

^ 



aj^ejitj&jihe same ; nor shall a question on ^alry^otner pont, 
except for ac^ouTmrig from day to day, be determined, unless by 
the votes of a majority of the United States in Congress 
assembled. 



X. The committee of the states, or any nine of them, shall 
be authorized to execute, in the recess of Congress, such of the 
powers of Congress as the United States in Congress assembled, 
by the consent of nine states, shall from time to time, think 
expedient to vest them with, provided that no power be delegated 
to the said committee, for the exercise of which, by the Articles 
of Confederation, the voice of nine states in the Congress of the 
United States assembled is requisite. 

XI. Canada, acceding to this Confederation, and joining in 
the measures of the United States, shall be admitted into, and 
entitled to, all the advantages of this union ; but no other colony 
shall be admitted into the same unless such admission be agreed 
to by nine states. 

XII. All bills of credit emitted, moneys borrowed, and debts 
contracted, by or under the authority of Congress, before the 
assembling of the United States in pursuance of the present 
Confederation, shall be deemed and considered as a charge 
against the United States, for payment and satisfaction whereof 



ANNAPOLIS EESOLUTIONS 77 

the said United States and the public faith are hereby 
solemnly pledged. 

XIII. Every state shall abide by the determination of the 
United States in Congress assembled, on all questions which, by 
this Confederation, are submitted to them. And the articles of 
this Confederation shall be inviolably observed by every state, 
and the union shall bo perpetual : nor shall any altoration, at 
any time hereafter, be made in any of them, unless such altera- 
tion be agreed to in a Congress of the United States, and be 
afterwards confirmed by the legislature of every state. 



THE ANNAPOLIS EESOLUTIONS URGING THE SUM- 
MONING OF A CONSTITUTIONAL CONVENTION 
IN THE UNITED STATES. 14 SEPTEMBER, 1786. 

[Jonathan Elliot, "Debates on the Federal Constitution," 
vol. i. pp. 117-118.] 

The Annapolis Resolutions. 

To the Honorable the Legislatures of Virginia, Delaware, 
Pennsylvania, New Jersey, and New York, the commissioners 
from the said states respectively, assembled at Annapolis, 
humbly beg leave to report 

That, pursuant to their several appointments, they met at 
Annapolis in the state of Maryland on the llth day of September 
instant ; and having proceeded to a communication of their 
powers, they found that the states of New York, Pennsylvania, 
and Virginia, had, in substance, and nearly in the same terms, 
authorized their respective commissioners "to meet such 
commissioners as were or might be appointed by the other states 
in the Union, at such time and place as should be agreed upon 
by the said commissioners, to take into consideration the trade 
and commerce of the United States ; to consider how far a 
uniform system in their commercial intercourse and regulations 
might be necessary to their common interest and permanent 
harmony ; and to report to the several states such an act relative 
to this great object as, when unanimously ratified by them, 



78 FEDERAL AND UNIFIED CONSTITUTIONS 

would enable the United States in Congress assembled effectually 
to provide for the same." 

That the State of Delaware had given similar powers to 
their commissioners, with this difference only, that the act to bo 
framed in virtue of these powers is required to be reported " to 
the United States in Congress assembled, to be agreed to by 
them, and confirmed by the legislatures of every state." 

That the State of New Jersey had enlarged the object of 
their appointment, empowering their commissioners " to con- 
sider how far a uniform system in their commercial regulations 
and other important matters might be necessary to the common 
interest and permanent harmony of the several states," and to 
report such an act on the subject as, when ratified by them, 
" would enable the United States in Congress assembled 
effectually to provide for the exigencies of the Union." 

That appointments of commissioners have also been made 
by the States of New Hampshire, Massachusetts, Ehode Island, 
and North Carolina, none of whom, however, have attended ; 
but that no information has been received by your commissioners, 
of any appointment having been made by the states of Con- 
necticut, Maryland, South Carolina, or Georgia. 

That the express terms of the powers to your commissioners 
supposing a deputation from all the states, and having for object 
the trade and commerce of the United States, your commis- 
sioners did not conceive it advisable to proceed on the business 
of their mission under the circumstances of so partial and de- 
fective a representation. 

Deeply impressed, however, with the magnitude and impor- 
tance of the object confided to them on this occasion, your com- 
missioners cannot forbear to indulge an expression of their 
earnest and unanimous wish, that speedy measures may be 
taken to effect a general meeting of the states in a future con- 
vention, for the same and such other purposes as the situation 
of public affairs may be found to require. 

If, in expressing this wish, or in intimating any other senti- 
ment, your commissioners should seem to exceed the strict 
bounds of their appointment, they entertain a full confidence 
that a conduct dictated by an anxiety for the welfare of the 



ANNAPOLIS KESOLUTIONS 79 

United States will not fail to receive an indulgent con- 
struction. 

In this persuasion your commissioners submit an opinion, 
that the idea of extending the powers of their deputies to other 
objects than those of commerce, which has been adopted by the 
state of New Jersey, was an improvement on the original plan, 
and will deserve to be incorporated into that of a future conven- 
tion. They are the more naturally led to this conclusion, as, in 
the course of their reflections on the subject, they have been 
induced to think that the power of regulating trade is of such 
comprehensive extent, and will enter so far into the general 
system of the federal government, that, to give it efficacy, and 
to obviate questions and doubts concerning its precise nature 
and limits, may require a corresponding adjustment of other 
parts of the federal system. 

That there are important defects in the system of the federal 
government is acknowledged by the acts of all those states 
which have concurred in the present meeting ; that the defects 
upon a closer examination, may be found greater and more 
numerous than even these acts imply, is at least so far probable, 
from the embarrassments which characterize the present state 
of our national affairs, foreign and domestic, as may reasonably 
be supposed to merit a deliberate and candid discussion, in 
some mode which will unite the sentiments and councils of all 
the states. In the choice of the mode, your commissioners are 
of opinion that a convention of deputies from the different states, 
for the special and sole purpose of entering into this investiga- 
tion, and digesting a plan for supplying such defects as may be 
discovered to exist, will be entitled to a preference, from con- 
siderations which will occur without being particularized. 

Your commissioners decline an enumeration of those national 
circumstances on which their opinion respecting the propriety 
of a future convention with more enlarged powers is founded ; 
as it would be a useless intrusion of facts and observations, most 
of which have been frequently the subject of public discussion, 
and none of which can have escaped the penetration of those 
to whom they would in this instance be addressed. They 
are, however, of a nature so serious, as, in the view of your 



80 FEDEBAL AND UNIFIED CONSTITUTIONS 

commissioners, to render the situation of the United States 
delicate and critical, calling for an exertion of the united virtue 
and wisdom of all the members of the confederacy. 

Under this impression, your commissioners, with the most 
respectful deference, beg leave to suggest their unanimous con- 
viction, that it may essentially tend to advance the interests of 
the Union, if the states, by whom they have been respectively 
delegated, would themselves concur, and use their endeavours to 
procure the concurrence of the other states, in the appointment 
of commissioners, to meet at Philadelphia on the second Mon- 
day in May next, to take into consideration the situation of the 
United States, to devise such further provisions as shall appeal- 
to them necessary to render the constitution of the federal 
government adequate to the exigencies of the Union; and to 
report such an act for that purpose to the United States in 
Congress assembled, as, when agreed to by them, and afterwards 
confirmed by the legislatures of every state, will effectually pro- 
vide for the same. 

Though your commissioners could not with propriety address 
these observations and sentiments to any but the states they 
have the honor to represent, they have nevertheless concluded, 
from motives of respect, to transmit copies of this report to the 
United States in Congress assembled, and to the executive of the 
other states. 

By order of the Commissioners. Dated at Annapolis, Sep- 
tember 14, 178G. 

THE CONSTITUTION OF THE UNITED STATES OF 
AMEEICA. 17 SBPTBMBBB, 1787. 

[Jonathan Elliot, "Debates on the Federal Constitution," vol. i. pp. 
1-21. The most accessible version of the Constitution, together 
with all its subsequent Amendments, is to be found in "Old South 
Leaflets,' 7 No. 1, published by The Old South Association, 
Boston, Mass.] 

WE, the people of the United States, in order to form a more 
perfect union, establish justice, insure domestic tranquillity, 
provide for the common defense, promote the general welfare, 



THE CONSTITUTION OF THE UNITED STATES 81 

and secure the blessings of liberty to ourselves and our pos- 
terity, do ordain and establish this Constitution for the United 
States of America. 

ARTICLE I. 

SECTION I. 

All legislative powers herein granted shall be vested in a 
Congress of the United States, which shall consist of a Senate 
and House of Eepresentatives. 

SECTION II. 

The House of Representatives shall be composed of mem- 
bers chosen every second year by the people of the several 
States, and the electors in each State shall have the qualifica- 
tions requisite for electors of the most numerous branch of the 
State legislature. 

No person shall be a Representative who shall not have 
attained the age of twenty-five years, and been seven years a 
citizen of the United States, and who shall not, when elected, 
be an inhabitant of that State in which he shall be chosen. 

Representatives and direct taxes shall be apportioned 
among the several States which may be included within this 
Union, according to their respective numbers, which shall be 
determined by adding to the whole number of free persons, in- 
cluding those bound to service for a term of years, and exclud- 
ing Indians not taxed, three fifths of all other persons. The 
actual enumeration shall be made within three years after the 
first meeting of the Congress of the United States, and within 
every subsequent term of ten years, in such manner as they 
shall by law direct. The number of Representatives shall not 
exceed one for every thirty thousand, but each State shall have 
at least one Representative ; and until such enumeration shall 
be made, the State of New Hampshire shall be entitled to choose 
three, Massachusetts eight, Rhode Island and Providence Planta- 
tions one, Connecticut five, New York six, New Jersey four, Penn- 
sylvania eight, Delaware one, Maryland six, Virginia ten, North 
Carolina five, South Carolina five, and Georgia three. 

When vacancies happen in the representation from any 

6 



82 FEDEEAL AND UNIFIED CONSTITUTIONS 

State, the executive authority thereof shall issue writs of election 
to fill such vacancies. 

The House of Eepresentatives shall choose their Speaker 
and other officers, and shall have the sole power of impeach- 
ment. 

SECTION III. 

The Senate of the United States shall be composed of two 
Senators from each State, chosen by the legislature thereof, for 
six years ; and each Senator shall have one vote. 

Immediately after they shall be assembled in consequence 
of the first election, they shall be divided as equally as may be 
into three classes. The seats of the Senators of the first class 
shall be vacated at the expiration of the second year; of the 
second class, at the expiration of the fourth year, and of the 
third class, at the expiration of the sixth year, so that one-third 
may be chosen every second year ; and if vacancies happen by 
resignation or otherwise during the recess of the legislature of 
any State, the executive thereof may make temporary appoint- 
ments until the next meeting of the legislature, which shall then 
fill such vacancies. 

No person shall be a Senator who shall not have attained 
to the age of thirty years, and been nine years a citizen of the 
United States, and who shall not, when elected, be an inhabi- 
tant of that State for which he shall be chosen. 

The Vice-President of the United States shall be President 
of the Senate, but shall have no vote, unless they be equally 
divided. 

The Senate shall choose their other officers, and also a 
President pro tempore in the absence of the Vice-President, or 
when he shall exercise the office of President of the United 
States. 

The Senate shall have the sole power to try all impeach- 
ments. When sitting for that purpose, they shall be on oath or 
affirmation. When the President of the United States is tried, 
the Chief Justice shall preside : and no person shall be convicted 
without the concurrence of two thirds of the members present. 

Judgment in cases of impeachment shall not extend further 



THE CONSTITUTION OF THE UNITED STATES 83 

than to removal from office, and disqualification to hold and 
enjoy any office of honor, trust, or profit under the United 
States ; but the party convicted shall, nevertheless, be liable 
and subject to indictment, trial, judgment, and punishment, ac- 
cording to law. 

SECTION IV. 

The times, places, and manner of holding elections for Sen- 
ators and Eepresentatives shall be prescribed in each State by 
the legislature thereof; but the Congress may at any time by 
law make or alter such regulations, except as to the places of 
choosing Senators. 

The Congress shall assemble at least once in every year, 
and such meeting shall be on the first Monday in December, 
unless they shall by law appoint a different day. 

SECTION v. 

Each house shall be the judge of the elections, returns, and 
qualifications of its own members, and a majority of each shall 
constitute a quorum to do business ; but a smaller number may 
adjourn from day to day, and may be authorized to compel the 
attendance of absent members, in such manner, and under such 
penalties, as each house may provide. 

Each house may determine the rules of its proceeding, 
punish its members for disorderly behaviour, and with the con- 
currence of two thirds, expel a member. 

Each house shall keep a journal of its proceedings, and 
from time to time publish the same, excepting such parts as may 
in their judgment require secrecy, and the yeas and nays of the 
members of either house on any question shall, at the desiie of 
one fifth of those present, be entered on the journal. 

Neither house, during the session of Congress, shall, with- 
out the consent of the other, adjourn for more than three days, 
nor to any other place than that in which the two houses shall 
be sitting. 

SECTION VI. 

The Senators and Representatives shall receive a compensa- 
tion for their services, to be ascertained by law and paid out 

6* 



84 FEDEEAL AND UNIFIED CONSTITUTIONS 

of the Treasury of the United States. They shall, in all cases 
except treason, felony, and breach of the peace, be privileged 
from arrest during their attendance at the session of their re- 
spective houses, and in going to and returning from the same ; 
and for any speech or debate in either house they shall not be 
questioned in any other place. 

No Senator or Eepresentative shall, during the time for 
which he was elected, be appointed to any civil office under the 
authority of the United States, which shall have been created, 
or the emoluments whereof shall have been increased during 
such time ; and no person holding any office under the United 
States shall be a member of either house during his continuance 
in office. 

SECTION VII. 

All bills for raising revenue shall originate in the House of 
Kepresentatives ; but the Senate may propose or concur with 
amendments as on other bills. 

Every bill which shall have passed the House of Representa- 
tives and the Senate shall, before it become a law, be pre- 
sented to the President of the United States ; if he approve he 
shall sign it, but if not he shall return it, with his objections, to 
that house in which it shall have originated, who shall enter the 
objections at large on their journal and proceed to reconsider 
it. If after such reconsideration two thirds of that house shall 
agree to pass the bill, it shall be sent, together with the objec- 
tions, to the other house, by which it shall likewise be recon- 
sidered, and if approved by two thirds of that house it shall 
become a law. But in all such cases the votes of both houses 
shall be determined by yeas and nays, and the names of the 
persons voting for and against the bill shall be entered on the 
journal of each house respectively. If any bill shall not be re- 
turned by the President within ten days (Sundays excepted) 
after it shall have been presented to him, the same shall be a 
law, in like manner as if he had signed it, unless the Congress 
by their adjournment prevent its return, in which case it shall 
not be a law. 

Every order, resolution, or vote to which the concurrence 



THE CONSTITUTION OF THE UNITED STATES 85 

of the Senate and House of Representatives may be necessary 
(except on a question of adjournment) shall be presented to the 
President of the United States ; and before the same shall take 
effect, shall be approved by him, or being disapproved by him, 
shall be repassed by two thirds of the Senate and House of 
Representatives, according to the rules and limitations pre- 
scribed in the case of a bill. 

SECTION VIII. 

The Congress shall have power to lay and collect taxes, 
duties, imposts, and excises, to pay the debts and provide for 
the common defense and general welfare of the United States ; 
but all duties, imposts, and excises shall be uniform throughout 
the United States ; 

To borrow money on the credit of the United States ; 

To regulate commerce with foreign nations and among the 
several States, and with the Indian tribes ; 

To establish an uniform rule of naturalization, and uniform 
laws on the subject of bankruptcies throughout the United 
States ; 

To coin money, regulate the value thereof, and of foreign 
coin, and fix the standard of weights and measures ; 

To provide for the punishment of counterfeiting the securi- 
ties and current coin of the United States ; 

To establish post-offices and post-roads ; 

To promote the progress of science and useful arts by secur- 
ing for limited times to authors and inventors the exclusive 
right to their respective writings and discoveries ; 

To constitute tribunals inferior to the Supreme Court ; 

To define and punish piracies and felonies committed on 
the high seas and offenses against the law of nations ; 

To declare war, grant letters of marque and reprisal, and 
make rules concerning captures on land and water ; 

To raise and support armies, but no appropriation of money 
to that use shall be for a longer term than two years ; 

To provide and maintain a navy ; 

To make rules for the government and regulation of the 
land and naval forges ; 



86 FEDERAL AND UNIFIED CONSTITUTIONS 

To provide for calling forth the militia to execute the laws 
of the Union, suppress insurrections, and repel invasions ; 

To provide for organizing, arming, and disciplining the 
militia, and for governing such part of them as may be employed 
in the service of the United States, reserving to the States re- 
spectively the appointment of the officers, and the authority of 
training the militia according to the discipline prescribed by 
Congress ; 

To exercise exclusive legislation in all cases whatsoever 
over such district (not exceeding ten miles square) as may, by 
cession of particular States and the acceptance of Congress, be- 
come the seat of the Government of the United States, and to 
exercise like authority over all places purchased by the consent 
of the legislature of the State in which the same shall be, for 
the erection of forts, magazines, arsenals, dockyards, and other 
needful buildings ; and 

To make all laws which shall be necessary and proper for 
carrying into execution the foregoing powers, and all other 
powers vested by this Constitution in the Government of the 
United States, or in any department or officer thereof. 



SECTION IX. 

The migration or importation of such persons as any of the 
States now existing shall think proper to admit shall not be 
prohibited by the Congress prior to the year one thousand eight 
hundred and eight, but a tax or duty may be imposed on such 
importation, not exceeding ten dollars for each person. 

The privilege of the writ of habeas corpus shall not be sus- 
pended, unless when in cases of rebellion or invasion the public 
safety may require it. 

No bill of attainder or ex post facto law shall be passed. 

No capitation or other direct tax shall be laid, unless in 
proportion to the census or enumeration hereinbefore directed 
to be taken. 

No tax or duty shall be laid on articles exported from any 
State. 

No preference shall be given by any regulation of commerce 



THE CONSTITUTION OF THE UNITED STATES 87 

or revenue to the ports of one State over those of another ; nor 
shall vessels bound to or from one State be obliged to enter, 
clear, or pay duties in another. 

No money shall be drawn from the Treasury but in con- 
sequence of appropriations made by law ; and a regular state- 
ment and account of the receipts and expenditures of all public 
money shall be published from time to time. 

No title of nobility shall be granted by the United States ; 
and no person holding any office of profit or trust under them 
shall, without the consent of tho Congress, accept of any present, 
emolument, office, or title, of any kind whatever, from any king, 
prince, or foreign State. 

SECTION X. 

No State shall enter into any treaty, alliance, or confedera- 
tion ; grant letters of marque and reprisal ; coin money ; emit 
bills of credit ; make anything but gold and silver coin a tender 
in payment of debts ; pass any bill of attainder, ex post facto 
law, or law impairing the obligation of contracts, or grant any 
title of nobility. 

No State shall, without the consent of Congress, lay any 
imposts or duties on imports or exports, except what may be 
absolutely necessary for executing its inspection laws ; and the 
net produce of all duties and imposts, laid by any State on im- 
ports or exports, shall be for the use of the Treasury of the 
United States ; and all such laws shall be subject to the revision 
and control of the Congress. 

No State shall, without the consent of Congress, lay any 
duty of tonnage, keep troops or ships of war in time of peace, 
enter into any agreement or compact with another State or 
with a foreign power, or engage in war, unless actually invaded 
or in such imminent danger as will not admit of delay. 

ARTICLE II. 

SECTION I. 

The executive power shall be vested in a President of the 
United States of America. He shall hold his office during the 



88 FEDERAL AND UNIFIED CONSTITUTIONS 

term of four years, and together with the Vice-President, chosen 
for the same term, be elected as follows : 

Each State shall appoint, in such manner as the legislature 
thereof may direct, a number of electors, equal to the whole 
number of Senators and Eepresentatives to which the State may 
be entitled in the Congress ; but no Senator or Representative, 
or person holding an office of trust or profit under the United 
States, shall be appointed an elector. 

[The electors shall meet in their respective States and vote 
by ballot for two persons, of whom one at least shall not be an 
inhabitant of the same State with themselves. And they shall 
make a list of all the persons voted for, and of the number of 
votes for each ; which list they shall sign and certify, and trans- 
mit sealed to the seat of government of the United States, 
directed to the President of the Senate. The President of the 
Senate shall, in the presence of the Senate and House of Rep- 
resentatives, open all the certificates, and the votes shall then 
be counted. The person having the greatest number of votes 
shall be the President, if such number be a majority of the 
whole number of electors appointed ; and if there be more than 
one who have such majority, and have an equal number of 
votes, then the House of Representatives shall immediately 
choose by ballot one of them for President ; and if no person 
have a majority, then from the five highest on the list the said 
House shall in like manner choose the President. But in 
choosing the President the votes shall be taken by States, the 
representation from each State having one vote ; a quorum for 
this purpose shall consist of a member or members from two 
thirds of the States, and a majority of all the States shall be 
necessary to a choice. In every case, after the choice of the 
President, the person having the greatest number of votes of 
the electors shall be the Vice-President. But if there should 
remain two or more who have equal votes, the Senate shall 
choose from them by ballot the Vice-President.] l 

The Congress may determine the time of choosing the elec- 

1 This clause of the Constitution has been amended. See twelfth arfcicle 
of the Amendments, 



THE CONSTITUTION OF THE UNITED STATES 89 

tors and the day on which they shall give their yotes, which 
day shall be the same throughout the United States. 

No person except a natural-born citizen, or a citizen of the 
United States at the time of the adoption of this Constitution, 
shall be eligible to the office of President ; neither shall any 
person be eligible to that office who shall not have attained to 
the age of thirty-five years, and been fourteen years a resident 
within the United States. 

In case of the removal of the President from office, or of 
his death, resignation, or inability to discharge the powers and 
duties of the said office, the same shall devolve on the Vice- 
President, and the Congress may by law provide for the case of 
removal, death, resignation, or inability, both of the President 
and Vice-President, declaring what officer shall then act as 
President, and such officer shall act accordingly until the dis- 
ability be removed or a President shall be elected. 

The President shall, at stated times, receive for his ser- 
vices a compensation, which shall neither be increased nor 
diminished during the period for which he may have been 
elected, and he shall not receive within that period any other 
emolument from the United States or any of them. 

Before he enter on the execution of his office he shall take 
the following oath or affirmation : 

" I do solemnly swear (or affirm) that I will faithfully exe- 
cute the office of President of the United States, and will to the 
best of my ability preserve, protect, and defend the Constitution 
of the United States." 

SECTION II. 

The President shall be Commander-in-chief of the Army 
and Navy of the United States, and of the militia of the several 
States when called into the actual service of the United States ; 
he may require the opinion, in writing, of the principal officer 
in each of the executive departments, upon any subject relat- 
ing to the duties of their respective offices, and he shall have 
power to grant reprieves and pardons for offenses against the 
United States, except in cases of impeachment. 

He shall have power, by and with the advice and consent 



90 FEDEEAL AND UNIFIED CONSTITUTIONS 

of the Senate, to make treaties, provided two thirds of the Sena- 
tors present concur ; and he shall nominate, and, by and with 
the advice and consent of the Senate, shall appoint ambassa- 
dors, other public ministers and consuls, judges of the Supreme 
Court, and all other officers of the United States, whose appoint- 
ments are not herein otherwise provided for, and which shall 
be established by law ; but the Congress may by law vest the 
appointment of such inferior officers, as they think proper, in 
the President alone, in the courts of law, or in the heads of de- 
partments. 

The President shall have power to fill up all vacancies that 
may happen during the recess of the Senate, by granting com- 
missions which shall expire at the end of their next session. 

SECTION III. 

He shall from time to time give to the Congress information 
of the state of the Union, and recommend to their consideration 
such measures as he shall judge necessary and expedient; he 
may, on extraordinary occasions, convene both houses, or either 
of them, and in case of disagreement between them with respect 
to the time of adjournment, he may adjourn them to such time 
as he shall think proper; he shall receive ambassadors and 
other public ministers ; he shall take care that the laws be faith- 
fully executed, and shall commission all the officers of the United 
States. 

SECTION IV. 

The President, Vice-President, and all civil officers of the 
United States shall be removed from office on impeachment 
for and conviction of treason, bribery, or other high crimes and 
misdemeanors. 

ARTICLE III. 

SECTION I. 

The judicial power of the United States shall be vested in 
one Supreme Court, and in such inferior courts as the Congress 
may from time to time ordain and establish. The judges, both 



THE CONSTITUTION OF THE UNITED STATES 91 

of the supreme and inferior courts, shall hold their offices dur- 
ing good behavior, and shall, at stated times, receive for their 
services a compensation which shall not be diminished during 
their continuance in office. 

SECTION II. 

The judicial power shall extend to all cases, in law and 
equity, arising under this Constitution, the laws of the United 
States, and treaties made, or which shall be made, under their 
authority ; to all cases affecting ambassadors, other public 
ministers, and consuls ; to all cases of admiralty and maritime 
jurisdiction ; to controversies to which the United States shall 
be a party ; to controversies between two or more States ; be- 
tween a State and citizens of another State ; between citizens 
of different States ; between citizens of the same State claiming 
lands under grants of different States, and between a State, or 
the citizens thereof, and foreign States, citizens, or subjects. 

In all cases affecting ambassadors, other public ministers 
and consuls, and those in which a State shall be a party, the 
Supreme Court shall have original jurisdiction. In all the 
other cases before mentioned the Supreme Court shall have 
appellate jurisdiction, both as to law and fact, with such ex- 
ceptions and under such regulations as the Congress shall 
make. 

The trial of all crimes, except in cases of impeachment, 
shall be by jury ; and such trial shall be held in the State where 
the said crimes shall have been committed ; but when not com- 
mitted within any State, the trial shall be at such place or 
places as the Congress may by law have directed. 

SECTION III. 

Treason against the United States shall consist only in 
levying war against them, or in adhering to their enemies, giv- 
ing them aid and comfort. No person shall be convicted of 
treason unless on the testimony of two witnesses to the same 
overt act, or on confession in open court. 

The Congress shall have power to declare the punishment 
of treason, but no attainder of treason shall work corruption of 
blood or forfeiture except during the life of the person attainted, 



92 FEDEKAL AND UNIFIED CONSTITUTIONS 
ARTICLE IV. 

SECTION I. 

Full faith and credit shall be given in each State to the 
public acts, records, and judicial proceedings of every other 
State. And the Congress may by general laws prescribe the 
manner in which such acts, records, and proceedings shall be 
proved, and the effect thereof. 

SECTION II. 

The citizens of each State shall be entitled to all privileges 
and immunities of citizens in the several States. 

A person charged in any State with treason, felony, or 
other crime, who shall flee from justice, and be found in another 
State, shall, on demand of the executive authority of the State 
from which he fled, be delivered up, to be removed to the State 
having jurisdiction of the crime. 

No person held to service or labor in one State, under the 
laws thereof, escaping into another, shall, in consequence of 
any law or regulation therein, be discharged from such service 
or labor, but shall be delivered up on claim of the party to 
whom such service or labor may be due. 

SECTION III. 

New States may be admitted by the Congress into this 
Union ; but no new State shall be formed or erected within the 
jurisdiction of any other State ; nor any State be formed by the 
junction of two or more States or parts of States, without the 
consent of the legislatures of the States concerned as well as of 
the Congress. 

The Congress shall have power to dispose of and make all 
needful rules and regulations respecting the territory or other 
property belonging to the United States ; and nothing in this 
Constitution shall be so construed as to prejudice any claims of 
the United States or of any particular State. 

SECTION IV. 

The United States shall guarantee to every State in this 
Union a republican form of government, and shall protect each 



THE CONSTITUTION OF THE UNITED STATES 93 

of them against invasion, and on application of the legislature, 
or of the executive (when the legislature cannot be convened), 
against domestic violence. 

ARTICLE V. 

The Congress, whenever two thirds of both housos shall 
deem it necessary, shall propose amendments to this Constitu- 
tion, or, on the application of the legislatures of two thirds of 
the several States, shall call a convention for proposing amend- 
ments, which in either case shall be valid to all intents and 
purposes as part of this Constitution, when ratified by the legis- 
latures of three fourths of the several States, or by conventions 
in three fourths thereof, as the one or the other mode of ratifi- 
cation may be proposed by the Congress, provided that no 
amendments which may be made prior to the year one thousand 
eight hundred and eight shall in any manner affect the first and 
fourth clauses in the ninth section of the first article ; and that 
no State, without its consent, shall be deprived of its equal suf- 
frage in the Senate. 

ARTICLE VI. 

All debts contracted and engagements entered into, before 
the adoption of this Constitution, shall be as valid against the 
United States under this Constitution as under the Confedera- 
tion. 

This Constitution, and the laws of the United States which 
shall be made* in pursuance thereof, and all treaties made, or 
which shall be made, under the authority of the United States, 
shall be the supreme law of the land; and the judges in every 
State shall be bound thereby, anything in the Constitution or 
laws of any State to the contrary notwithstanding. 

The Senators and Representatives before mentioned, and 
the members of the several State legislatures, and all executive 
and judicial officers both of the United States and of the 
several States, shall be bound by oath or affirmation to support 
this Constitution ; but no religious test shall ever be required as 
a qualification to any office or public trust under the United 
States. 



94 FEDERAL AND UNIFIED CONSTITUTIONS 

ARTICLE VII. 

The ratification of the conventions of nine States shall be 
sufficient for the establishment of this Constitution between the 
States so ratifying the same. 

Done in convention by the unanimous consent of the 
States present, the seventeenth day of September, in 
the year of our Lord one thousand seven hundred and 
eighty-seven, and of the independence of the United 
States of America the twelfth. In witness whereof, we 
have hereunto subscribed our names. 

AMENDMENTS. 
ARTICLE I. 1 

Congress shall make no law respecting an establishment of 
religion, or prohibiting the free exercise thereof ; or abridging 
the freedom of speech or of the press ; or the right of the people 
peaceably to assemble, and to petition the government for a 
redress of grievances. 

ARTICLE II. 1 

A well-regulated militia being necessary to the security of 
a free State, the right of the people to keep and bear arms shall 
not be infringed. 

ARTICLE III. 1 

No soldier shall, in time of peace, be quartered in any house 
without the consent of the owner, nor in time of war, but in a 
manner to be prescribed by law. 

ARTICLE IV. i 

The right of the people to be secure in their persons, houses, 
papers, and effects, against unreasonable searches and seizures, 
shall not be violated, and no warrants shall issue but upon prob- 
able cause, supported by oath or affirmation, and particularly 

1 The first ten Amendments were proposed in 1789 and adopted in 1791. 



THE CONSTITUTION OF THE UNITED STATES 95 

describing the place to be searched, and the person or things to 
be seized. 

ARTICLE V. 1 

No person shall be held to answer for a capital or other- 
wise infamous crime, unless on a presentment or indictment of 
a grand jury, except in cases arising in the land or naval forces, 
or in the militia, when in actual service in time of war or public 
danger; nor shall any person be subject for the same offense to 
be twice put in jeopardy of life or limb ; nor shall be compelled 
in any criminal case to be a witness against himself, nor be de- 
prived of life, liberty, or property, without due process of law ; 
nor shall private property be taken for public use without just 
compensation. 

ARTICLE VI. 1 

In all criminal prosecutions the accused shall enjoy the 
right to a speedy and public trial, by an impartial jury of the 
State and district wherein the crime shall have been committed, 
which district shall have been previously ascertained by law, 
and to be informed of the nature and cause of the accusation ; 
to be confronted with the witnesses against him ; to have com- 
pulsory process for obtaining witnesses in his favor, and to have 
the assistance of counsel for his defense. 

ARTICLE VII. i 

In suits at common law, where the value in controversy 
shall exceed twenty dollars, the right of trial by jury shall be 
preserved, and no fact tried by a jury shall be otherwise re-ex- 
amined in any court of the United States, than according to the 
rules of the common law. 

ARTICLE VIII. 1 

Excessive bail shall not be required, nor excessive fines im- 
posed, nor cruel and unusual punishments inflicted. 

ARTICLE IX. 1 

The enumeration in the Constitution of certain rights 
shall not be construed to deny or disparage others retained by 
the people. 

1 The first ten Amendments were proposed in 1789 and adopted in 1791. 



96 FBDEKAL AND UNIFIED CONSTITUTIONS 

ARTICLE X. 

The powers not delegated to the United States by the Con- 
stitution, nor prohibited by it to the States, are reserved to the 
States respectively or to the people. 

ARTICLE XI. 1 

The judicial power of the United States shall not be con- 
strued to extend to any suit in law or equity, commenced or 
prosecuted against one of the United States by citizens of 
another State, or by citizens or subjects of any foreign State. 

ARTICLE XII. 2 

The electors shall meet in their respective States and vote 
by ballot for President and Vice-President, one of whom, at 
least, shall not be an inhabitant of the same State with them- 
selves ; they shall name in their ballots the person voted for as 
President, and in distinct ballots the person voted for as Vice- 
President, and they shall make distinct lists of all persons voted 
for as President and of all persons voted for as Vice-President, 
and of the number of votes for each ; which lists they shall sign 
and certify, and transmit sealed to the seat of the government 
of the United States, directed to the President of the Senate. 
The President of the Senate shall, in the presence of the Senate 
and House of Representatives, open all the certificates and the 
votes shall then be counted. The person having the greatest 
number of votes for President shall be the President, if such 
number be a majority of the whole number of electors appointed ; 
and if no person have such majority, then from the persons 
having the highest numbers not exceeding three on the list of 
those voted for as President, the House of Representatives shall 
choose immediately, by ballot, the President. But in choosing 
the President the votes shall be taken by States, the represen- 
tation from each State having one vote ; a quorum for this pur- 
pose shall consist of a member or members from two thirds of 
the States, and a majority of all the States shall be necessary to 

1 The Eleventh Amendment was proposed in 1794 and adopted in 1798. 
3 The Twelfth Amendment was proposed in 1803 and adopted in 1804. 



THE CONSTITUTION OF THE UNITED STATES 97 

a choice. And if the House of Kepresentatives shall not choose 
a President whenever the right of choice shall devolve upon 
them, before the fourth day of March next following, then the 
Vice-President shall act as President, as in the case of the death 
or other constitutional disability of the President. 

The person having the greatest number of votes as Vice- 
President shall be the Vice- President, if such number be a 
majority of the whole number of electors appointed ; and if no 
person have a majority, then from the two highest numbers on 
the list the Senate shall choose the Vice-President ; a quorum 
for the purpose shall consist of two thirds of the whole number 
of Senators, and a majority of the whole number shall be neces- 
sary to a choice. But no person constitutionally ineligible to 
the office of President shall be eligible to that of Vice-President 
of the United States. 

ARTICLE XIII. 1 

SECTION 1. Neither slavery nor involuntary servitude, ex- 
cept as a punishment for crime whereof the party shall have 
been duly convicted, shall exist within the United States or any 
place subject to their jurisdiction. 

SECTION 2. Congress shall have power to enforce this article 
by appropriate legislation. 

ARTICLE XIV. 2 

SECTION 1. All persons born or naturalized in the United 
States, and subject to the jurisdiction thereof, are citizens of 
the United States and of the State wherein they reside. No 
State shall make or enforce any law which shall abridge the 
privileges or immunities of citizens of the United States ; nor 
shall any State deprive any person of life, liberty, or property, 
without due process of law ; nor deny to any person within its 
jurisdiction the equal protection of the laws. 

SECTION 2. Representatives shall be apportioned among 
the several States according to their respective numbers, count- 
ing the whole number of persons in each State, excluding Indians 

1 The Thirteenth Amendment was proposed and adopted in 1865. 

2 The Fourteenth Amendment was proposed in 1866 and adopted in 
1868. 

7 



98 FEDERAL AND UNIFIED CONSTITUTIONS 

not taxed. But when the right to vote at any election for the 
choice of electors for President and Vice-President of the United 
States, Representatives in Congress, the executive and judicial 
officers of a State, or the members of the legislature thereof, is 
denied to any of the male inhabitants of such State, being 
twenty-one years of age, and citizens of the United States, or in 
any way abridged, except for participation in rebellion, or other 
crime, the basis of representation therein shall be reduced in 
the proportion which the number of such male citizens shall 
bear to the whole number of male citizens twenty-one years of 
age in such a State. 

SECTION 3. No person shall be a Senator or Representa- 
tive in Congress, or elector of President and Vice-President, or 
hold any office, civil or military, under the United States or 
under any State, who, having previously taken an oath as a 
member of Congress, or as an officer of the United States, or as 
a member of any State legislature, or as an executive or judicial 
officer of any State, to support the Constitution of the United 
States, shall have engaged in insurrection or rebellion against 
the same, or given aid and comfort to the enemies thereof. But 
Congress may, by a vote of two thirds of each house, remove 
such disability. 

SECTION 4. The validity of the public debt of the United 
States, authorized by law, including debts incurred for payment 
of pensions and bounties for services in suppressing insurrec- 
tion or rebellion, shall not be questioned. But neither the 
United States nor any State shall assume or pay any debt or 
obligation incurred in aid of insurrection or rebellion against the 
United States, or any claim for the loss or emancipation of any 
slave ; but all such debts, obligations, and claims shall be held 
illegal and void. 

SECTION 5. The Congress shall have power to enforce, by 
appropriate legislation, the provisions of this article. 

ARTICLE XV. 1 

SECTION 1. The right of citizens of the United States to 
vote shall not be denied or abridged by the United States or by 

1 The Fifteenth Amendment was proposed in 1869 and adopted in 1870. 



THE CONSTITUTION OF THE UNITED STATES 99 

any State on account of race, color, or previous condition of 
servitude. 

SEJCTION 2. The Congress shall have power to enforce this 
article by appropriate legislation. 

ARTICLE XVI. 1 

The Congress shall have power to lay and collect taxes on 
incomes, from whatever source derived, without apportionment 
among the several States, and without regard to any census or 
enumeration. 

ARTICLE XVII. 2 

The Senate of the United States shall he composed of two 
Senators from each State, elected by the people thereof, for six 
years ; and each Senator shall have one vote. The electors in each 
State shall have the qualifications requisite for electors of the most 
numerous branch of the State legislatures. 

When vacancies happen in the representation of any State in 
the Senate, the executive authority of such State shall issue writs 
of election to fill such vacancies : Provided, That the legislature of 
any State may empower the executive thereof to make temporary 
appointments until the people fill the vacancies by election as the 
legislature may direct. 

This amendment shall not be so construed as to affect the 
election or term of any Senator chosen before it becomes valid as 
part of the Constitution. 

ARTICLE XVIII. 3 

SECTION 1. After one year from the ratification of this 
article the manufacture, sale, or transportation of intoxicating 
liquors within, the importation thereof into, or the exportation 
thereof from the United States and all territory subject to the 
jurisdiction thereof for beverage purposes is hereby prohibited. 

SECTION 2. The Congress and the several States shall have 

1 The Sixteenth Amendment was proposed and adopted in 1918. 
J The Seventeenth Amendment was also proposed and adopted in 1913. 
:{ The Eighteenth Amendment was proposed in 1917 and adopted in 
1919. 



100 FBDEEAL AND UNIFIED CONSTITUTIONS 

concurrent power to enforce this article by appropriate legisla- 
tion. 

ARTICLE XIX. 1 

The right of citizens of the United States to vote shall not be 
denied or abridged by the United States or by any State on account 
of sex. 

Congress shall have power to enforce this article by appropriate 
legislation. 

FEDEKAL PACT BETWEEN THE TWENTY-TWO CAN- 
TONS OF SWITZEELAND. 7 AUGUST, 1815. 

['* Kecueil Officiel des Pieces Concernant le Droit Public de la Suisse," 
Neuchatel, 1832, vol. i. pp. 3-17.] 

PACTE FEDERAL 

ENTEE 

LES XXII CANTONS DE LA SUISSE 

(DU 7 AOUT 1815.) 
AU NOM DU TOUT-PUISSANT! 

1- 

LES XXII Cantons souverains de la Suisse, savoir : Zurich, 
Berne, Lucerne, Ury, Schwytz, Unterwalden, Glaris, Zug, Fri- 
bourg, Soleure, Bdle, Schaffhouse, Appenzell des deux Rkodes, St. 
Gall, Orisons, Argovie, Thurgome, Tessin, Vaud, Valais, Neu- 
chdtel et Geneve, se r6unissent, par le present Pacte f6dral, pour 
leur stirete commune, pour la conservation de leur liberte et de 
leur ind6pendance contre toute attaque de la part de T^tranger, 
ainsi que pour le maintien de 1'ordre et de la tranquillity dans 
I'int6rieur. Us se garantissent r6ciproquement leurs constitu- 
tions telles qu'elles auront 6t6 statuses par FAutorite supreme 
de chaque Canton, conform^ment aux principes du Pacte 
f6d6ral. Us se garantissent de m6me r6ciproquement leur 
territoire. 

1 The Nineteenth Amendment was proposed in 1918 and adopted in 
1920. 



FEDEKAL PACT IN SWITZERLAND 101 

2. 

Pour assurer I'effet de cette garantie et pour soutenir efficace- 
inent la neutrality de la Suisse, un contingent de troupes sera 
forme des hommes de chaque Canton habiles au service militaire, 
dans la proportion de deux soldats sur cent ames. Cos troupes 
seront fournies par les Cantons comme suit : 



Zurich 


3,858 homines 


Berne 


. 4,584 


Lucerne 


1,734 


Ury 


236 


Sch i ytz . 


602 


Untencalden 


382 


Glaris 


482 


Zug 


250 


Fribourg . 


1,240 


Soleure 


904 


Bdle . 


818 


Schaffhmise 


466 


Appenzell . 


972 


St. Gall . 


. 2,630 


Orisons 


. 2,000 


Argovie 


. 2,410 


Thurgovie 


. 1,670 


Tessin 


1,804 


Vaud 


. 2,964 


Valais 


1,280 


Neuchdtel 


. 1,000 


Geneve 


600 



Total : 32,886_ho_mmes. 

Cette echelle est adoptee provisoirement ; on en fera la re- 
vision a la premiere Diete ordinaire, d'apres la base de popula- 
tion indiquee ci-dessus. 

3. 

Les contingens en argent pour les frais de guerre et autres 
depenses generales de la Confederation, seront payes par les 
Cantons dans la proportion suivante : 



102 FEDEBAL AND UNIFIED CONSTITUTIONS 



Zurich 
Berne 


. francs 77,153 
91,695 


Lucerne 
Ury . 


26,016 
1,184 


Scliwytz 
Unterwalden 
Glaris 
Zug . 
Fribourg 
Soleure 
Bale . 


3,012 
1,907 
4,823 
. . . 2,497 
18,591 
18,097 
20,450 


Schaffhouse 
Appenzell . 
St. Gall 
Orisons 
Argovie 
Thurgovie . 


9,327 
9,728 
39,451 
12,000 
52,212 
25,052 


Tessin 
Vaud . 
Valais 
Neuchdtel . 
Geneve 


18,039 
59,273 
9,600 
25,000 
15,000 



Total francs 540,107 

Cette echelle de proportion devra 6galement 6tre revue et 
rectifiee par la prochaine Diete ordinaire, qui aura 6gard, autant 
que possible, aux reclamations formers par quelques Cantons. 
Une revision semblable aura lieu dans la suite, ainsi que pour 
les contingens de troupes, tous les vingt ans. 

Une caisse militaire fed6rale, dont les fonds doivent s'61ever 
jusques au double du contingent d'argent, sera en outre formee 
pour subvenir aux defenses de guerre. 

Cette caisse doit e"tre exclusivement employee au paiement 
des frais de guerre, lorsque la Conf6deration ordonne une levee 
de troupes ; le cas 6ch6ant, la moiti6 des depenses sera pay6e 
au moyen de la perception d'un contingent d'argent, selon 
1' echelle de proportion, et 1'autre moitie sera prise dans la caisse 
de guerre. 



FEDEKAL PACT IN SWITZEKLAND 103 

Pour former cette caisse, il sera etabli un droit d'entree sur 
les marchandises qui ne sont pas des objets de premiere 
necessity. 

Les Cantons frontieres per^oivent ces droits et en readout 
cornpte chaque annee a la Diete. 

La Diete fixe le tarif et regie le mode de comptabilite. Elle 
fait les dispositions necessaires pour la conservation des fortds 
de la caisse de guerre. 

4. 

En cas de danger exterieur ou interieur, chaque Canton a le 
droit d'avertir ses co-etats de se tenir prets a lui fournir I'assistance 
f6derale. 

Des troubles venant a 6clater dans 1'interieur d'un Canton, 
le gouvernement peut appeler d'autres Cantons a son secours, 
en ayant soin toutefois d'en informer aussitot le Directoire 
federal (Vorort). Si le danger continue, la Diete, sur la demande 
du gouvernement, prendra les determinations ulterieures. 

Dans le cas d'un danger subit, provenant du dehors, le 
Canton menac6 peut requerir le secours d'autres Cantons ; 
mais il en donnera imm6diatement connaissance au Directoire 
fed6ral (Vorort). Celui-ci doit alors convoquer la Diete, a laquelle 
il appartient de faire toutes les dispositions que la suret6 de la 
Confederation exige. 

Le Canton ou les Cantons requis ont I'obligation de preter 
secours au Canton requerant. 

Dans le cas de danger exterieur, les frais sont supportes par 
la Confederation ; ils sont a la charge du Canton requerant, 
s'il s'agit de reprimer des troubles interieurs, a moins que la 
Diete, dans des circonstances particulieres, ne prenne une 
determination differente. 

5. 

Toutes les pretentious et contestations qui s'eleveraient 
entre les Cantons sur des objets non compris dans la garantie 
du Pacte federal, seront soumises au droit confederal. La 
maniere de proceder et la forme de droit sont reglees de la 
maniere suivante : 



104 FEDEKAL AND UNIFIED CONSTITUTIONS 

Chacune des parties choisit parmi les magistrats d'autres 
Cantons deux arbitres, ou, si elles en sont d' accord, un seul 
arbitre. 

Si le differend existe entre plus de deux Cantons, chaque 
partie choisira le nombre d'arbitres determined 

Ces arbitres r6unis cherchent a terminer le diff6rend &> 
1'amiable et par les voies de conciliation. 

S'ils ne peuvent y parvenir, les arbitres choisiront un sur- 
arbitre parmi les magistrats d'un Canton impartial dans Faffaire, 
et auquel ni Tun ni 1'autre des arbitres d6j& noinm6s ne doit 
appartenir. 

Si les arbitres ne peuvent s'accorder sur le choix d'un sur- 
arbitre, et que 1'un des Cantons vienne a s'en plaindre, le sur- 
arbitre est nomm6 par la Diete ; mais, dans ce cas, les Cantons 
qui sont en differend n'ont pas droit de voter. Le sur-arbitre 
et les arbitres essaient encore de concilier le diff6rend, ou bien, 
si les parties s'en remettent a eux, ils d6cident par compromis. 

Aucun des deux cas ci-dessus n'6ch6ant, ils prononcent 
definitivement sur la contestation, selon droit. 

II ne peut 6tre interjet6 appel de cette sentence, et la Diete, 
en cas de besoin, la fait ex6cuter. 

La question des frais, savoir les d6bours6s des arbitres et du 
sur-arbitre, doit etre d6cid6e en m6me terns que la question 
principale. 

Les arbitres et sur-arbitres, nomm6s d'apres les dispositions 
ci-dessus, seront d6K6s par leur gouvernement, pour le differend 
dont il s'agit, du serment qu'ils ont prete a leur Canton. 

Dans les dififerends quelconques qui viendraient a s'elever 
entre les Cantons, ceux-ci s'abstiendront de toutes voies de fait, 
a plus forte raison de 1'emploi des armes ; ils suivront exaote- 
ment la ligne de droit trac6e dans le pr6sent article, et se con- 
formeront en tout a la decision rendue. 

6. 

Les Cantons ne peuvent former entre eux de liaisons pre- 
judiciables au Pacte fed6ral, ni aux droits d'autres Cantons. 

7. 

La Confederation consacre le principe, que comme, apres la 
reconnaissance des XXII Cantons, il n'existe plus en Suisse de 



FEDERAL PACT IN SWITZERLAND 105 

pays sujets, de meme aussi la jouissance des droits politiques no 
pent jamais, dans aucun Canton, 6tre un privilege exclusif en 
favour d'urie classe des citoyens. 

8. 

La Diete, a laquelle les Cantons souverains ont remis les 
atfaires generates de la Confederation, les dirige d'apies les dis- 
positions du Pacte federal. Elle est cornposee des deputes des 
XXII Cantons, qui votent d'apres les instructions de leurs 
gouvernemends. Chaque Canton a une voix. Elle se rassemble 
au chef-lieu du Directoire federal (V'srort), en session ordinaire 
toutes les ann^es, le premier lundi de juillet ; en session extra- 
ordinaire, lorsque le Directoire la convoque, on sur la demande 
de cinq Cantons. 

Le Bourgmestre ou 1'Avoyer en charge du Directoire federal 
la preside. 

La Diete declare la guerre et conclut la paix. Elle seule 
fait des alliances avec les puissances 6trang6res ; mais, pour 
ces decisions importantes, les trois quarts des voix sont n6ces- 
saires. Dans toutes les autres affaires, qui sont remises a la 
Diete par le present Pacte federal, la majority ahsolue decide. 

Les traites de commerce sont conclus par la Diete. 

Les Cantons peuvent traiter en particulier avec des gouverne- 
mens Strangers, pour des capitulations militaires, ainsi que pour 
des objets economiques et de police ; mais ces conventions ne 
doivent blesser en rien ni le Pacte federal, ni des alliances 
existantes, ni les droits constitutionnels d'autres Cantons. A 
cet effet, elles seront portees a la connaissance de la Diete. 

Les Envoyes diplomatiques de la Confederation, lorsque de 
telles missions sont jugees n6cessaires, sont nomm6s et re- 
voques par la Diete. 

La Diete prend toutes les mesures n6cessaires pour la sftrete 
interieure et exterieure de la Suisse ; elle rgle 1'organisation 
des troupes de contingent, les appelle en activite, determine leur 
emploi, nomme le general, 1'etat-major g6n6ral et les colonels 
de la Confederation ; elle ordonne, d'intelligence avec les 
gouvernemens cantonaux, I'inspection necessair^ sur la forma- 
tion, Tarmement et Tequipement du contingent militaire. 



106 FEDERAL AND UNIFIED CONSTITUTIONS 

9. 

Dans des circonstances extraordinaires, la Diete, lorsqu'elle 
ne reste pas en permanence, peut deieguer des pouvoirs parfci- 
culiers au Directoire federal (Vorort). Elle peut 6galement, 
pour des objets d'une haute importance, adjoindre a 1'Autorite 
du Vorort, specialement chargee de la gestion des affaires 
fed6rales, des representans de la Confederation ; dans 1'un et 
et 1'autre cas, deux tiers des voix sont n^cessaires. 

Les repr6sentans fed6raux sont nomm6s par les Cantons, 
lesquels alternent entre eux pour cette nomination dans les six 
classes suivantes : 

Les deux Cantons directeurs 1 qui ne sont pas en charge, 
nomment tour-a-tour le premier repr6sentant ; 

Uri, Schwytz, Unterwalden, le second ; 

Glaris, Zug, Appenzell, Schaff house, le troisieme ; 

Fribourg, Bdle, Soleure, Valais, le quatrieme ; 

Grisons, St. Gall, Argovie, Neuchdtel, le cinquieme. 

Vaud, Thurgovie, Tessin, Geneve, le sixieme. 

La Diete donne aux representans de la Confederation les 
instructions necessaires, et determine la duree de leurs fonctions. 
Dans tous les cas, ces dernieres doivent expirer a une nouvelle 
reunion de la Diete. Les representans sont indemnises par la 
caisse centrale. 

10. 

Lorsque la Diete n'est pas reunie, la direction des affaires 
g6nerales est confiee au Directoire federal (Vorort), avec les 
m^mes attributions que celles qn'il exer^ait avant 1'annee 1798. 

Le Directoire alterne de deux en deux ans, entre les Cantons 
de Zurich, Berne, et Lucerne. Ce tour de role a commence le 
l er Janvier 1815. 

II y aura aupr6s du Canton directeur une Chancellerie 
fed6rale, composes d'un Chancelier et d'un Secretaire d'Etat, 
lesquels sont nomm^s par la Diete. 

311. 

Le libre achat des demies, des produits du sol et des mar- 
ohandises, la libre sortie et le passage d'un Canton & Tautre de 

1 Zurich, Berne, Lucerne. 



FEDEBAL PACT IN SWITZEBLAND 107 

ces memes objets, ainsi que du betail, sont garantis, sauf les 
mesures de police necessaires pour prevenir le monopole usur- 
aire et raccaparoment. Ces inesures de police doivent ctre les 
rnemes pour les ressortissans du Canton et pour los autres 
Suisses. 

Les peages, droits de route et de pontonnage ao-Uiellemerit 
existans et approuves par la Diete, sont conserve*. On ne 
pourra, sans 1'approbation de la Diete, ni en etablier de nouveaux, 
ni hausser ceux qui subsistent, ni prolonger leur duree, s'ils ont 
ete accordes pour un terns determine. 

Les droits de trait6 d'un Canton a 1'autre sont abolis. 

12. 

L'existence des couvens et chapitres et la conservation de 
leurs proprietes, en tant que cela depend des gouvernemens des 
Cantons, sont garanties. Ces bions sont sujets aux impots et 
contributions publiques, comme toute autre propriet6 parti- 
culiere. 

13. 

La dette nationale helvetique, fixee, le l er novembre 1804 r 
au capital de trois millions, cent dix-huit niille trois cent trente- 
six francs, demeure raconnue. 

14. 

Les concordats et conventions conclus entre les Cantons 
depuis Tan 1803, lesquels ne sont pas contraires aux priricipes 
du present Pacte federal, restent dans leur etat actuel. Quant 
aux decrets rendus par la Diete durant le meme terns, on les re- 
uiiira dans une collection, pour les presenter, en 1816, a la re- 
vision de la Diete, que d6cidera lesquels doivent continuer d'etre 
obligatoires. 

15. 

Le present Pacte federal, ainsi que les constitutions canton- 
ales, seront deposes dans 1'archive de la Confederation. 

Les XXII Cantons se constituent en Confederation suisse ; 
ils declarent qu'ils entrent librement et de bon gre dans cette 



108 FEDEBAL AND UNIFIED CONSTITUTIONS 

alliance, qu'ils I'observeront fidelement, dans toutes les circon- 
stances, en freres et confederes ; en particulier qu'ils rempliront 
des & present, les uns envers les autres, tous les devoirs et toutes 
les obligations qui en resultent ; et afin qu'un acte aussi im- 
portant pour le salut de la patrie commune regoive, selon 1'usage 
de nos peres, une sanction religieuse, ce Pacte federal sera non- 
seulement sign6 par les Deputes de chaque Etat autorises a 
cet efifet, et muni de nouveau sceau de la Confederation, rnais 
encore confirme et corrobor6 par un serment solennel au Dieu 
tout-puissant. 

Ainsi fait, sign6 et scelle par Messieurs les Deputes et Con- 
seillers de legation des Etats confederes ci-apres nommes, ^ 
Zurich, le soptieme aout de Tan de grace mil huit cent et quinze 
(7 aout 1815). 



ACT OF PARLIAMENT UNITING UPPER AND 
LOWER CANADA. 23 JULY, 1840. 

[3 & 4 Vicfe. cap. 35. " Statutes at Large."] * 

AN Act to re-unite the Provinces of Upper and Lower 
Canada, and for the Government of Canada [23d July, 
1840.] 

Whereas it is necessary that provision be made for the Declaration of 
good Government of the Provinces of Upper Canada and Union - 
Lower Canada, in such manner as may secure the Rights 
and Liberties and promote the Interests of all Classes of 
Her Majesty's Subjects within the same : And whereas 
to this end it is expedient that the said Provinces be re- 
united and form One Province for the Purposes of Execu- 
tive Government and Legislation : Be it therefore enacted 
by the Queen's most Excellent Majesty, by and with the 
Advice and Consent of the Lords Spiritual and Temporal, 
and Commons, in this present Parliament assembled, and 
by the Authority of the same, That it shall be lawful for 
Her Majesty, with the advice of Her Privy Council, to 
declare, or to authorize the Governor General of the said 
Two Provinces of Upper and Lower Canada to declare, by 
Proclamation, that the said Provinces, upon, from, and 
after a certain Day in such Proclamation to be appointed, 
which Day shall be within Fifteen Calendar Months next 
after the passing of this Act, shall form and be One Pro- 
vince, under the name of the Province of Canada t and 
thenceforth the said Provinces shall constitute and be One 
Province, under the Name aforesaid, upon, from, and after 
the Day so appointed as aforesaid. 

1 In view of the varying editions of the Statutes and the different 
numbering of their volumes, reference to an Act may best be made by 
quoting the regnal year. 

109 



110 FEDEBAL AND UNIFIED CONSTITUTIONS 



Composition 
and Powers of 
Legislature. 



Appointment 
of Legislative 
Councillors. 



II. [Eepeal of former Acts for the government of 
Canada, portions of 31 Geo. III. c. 31 and the whole of 
1 & 2 Viet. c. 9, 2 & 3 Viet. c. 53, and 1 & 2 W. IV. c. 23.] 

III. And be it enacted, That from and after the Be- 
union of the said Two Provinces there shall be within the 
Province of Canada One Legislative Council and One 
Assembly, to be severally constituted and composed in the 
manner hereinafter prescribed, which shall be called " The 
Legislative Council and Assembly of Canada " ; and that, 
within the Province of Canada, Her Majesty shall have 
Power, by and with the Advice and Consent of the said 
Legislative Council and Assembly, to make Laws for the 
Peace, Welfare, and good Government of the Province of 
Canada, such Laws not being repugnant to this Act, or to 
such parts of the said Act passed in the Thirty-first Year 
of the Keign of His said late Majesty as are not hereby re- 
pealed, or to any Act of Parliament made or to be made, 
and not hereby repealed, which does or shall, by express 
Enactment or by necessary Intendment, extend to the 
Provinces of Upper and Lower Canada, or to either of 
them, or to the Province of Canada; and that all such 
Laws being passed by the said Legislative Council and 
Assembly, and assented to by Her Majesty, or assented to 
in Her Majesty's Name by the Governor of the Province 
of Canada, shall be valid and binding to all Intents and 
Purposes within the Province of Canada. 

IV. And be it enacted, That for the Purpose of compos- 
ing the Legislative Council of the Province of Canada it 
shall be lawful for Her Majesty, before the Time to be 
appointed for the First Meeting of the said Legislative 
Council and Assembly, by an Instrument under the Sign 
Manual, to authorize the Governor, in Her Majesty's 
Name, by an Instrument under the Great Seal of the said 
Province, to summon to the said Legislative Council of the 
said Province such Persons, being not fewer than Twenty, 
as Her Majesty shall think fit ; and that it shall also be 
lawful for Her Majesty from Time to Time to authorize 
the Governor in like Manner to summon to the said 



ACT UNITING UPPER AND LOWER CANADA 111 

Legislative Council such other Person or Persons as Her 
Majesty shall think fit, and that every Person who shall 
be so summoned shall thereby become a Member of the Qualification 
Legislative Council of the Province of Canada : Provided ^mS^ VH 
always, that no Person shall be summoned to the said 
Legislative Council of the Province of Canada who shall 
not be of the full Age of Twenty-one Years, and a natural- 
born Subject of Her Majesty, or a Subject of Her Majesty 
naturalized by Act of the Parliament of Great Britain, or 
by Act of the Parliament of the United Kingdom of Great 
Britain and Ireland, or by an Act of the Legislature of 
either of the Provinces of Upper or Lower Canada, or by 
an Act of the Legislature of the Province of Canada. 

V. And be it enacted, That every Member of the Legis- Tenure of Oiiioe 
lative Council of the Province of Canada shall hold his ofCoimcillor - 
Seat therein for the Term of his Life, but subject neverthe- 
less to the Provisions herein-after contained for vacating 

the same. 

VI. And be it enacted, That it shall be lawful for any Resignation of 
Member of the Legislative Council of the Province ot^f^ 
Canada to resign his Seat in the said Legislative Council, 

and upon such Resignation the Seat of such Legislative 
Councillor shall become vacant. 

VII. And be it enacted, That if any Legislative Vacating Seat 
Councillor of the Province of Canada shall for Two b ^ Absonce - 
successive Sessions of the Legislature of the said Province 

fail to give his Attendance in the said Legislative Council, 
without the Permission of Her Majesty, or of the Governor 
of the said Province, signified by the said Governor to the 
Legislative Council, or shall take any Oath or make any 
Declaration or Acknowledgment of Allegiance, Obedience, 
or Adherence to any Foreign Prince or Power, or shall do, 
concur in, or adopt any Act whereby he may become a 
Subject or Citizen of any Foreign State or Power, or 
whereby he may become entitled to the Rights, Privileges, 
or Immunities of a Subject or Citizen of any Foreign 
State or Power, or shall become bankrupt, or take the 
Benefit of any Law relating to Insolvent Debtors, or 



112 FEDEKAL AND UNIFIED CONSTITUTIONS 



Trial of 
Questions. 



Appointment 
of Speaker. 



Quorum. 

Division. 
Casting Vote. 



Convoking the 
Assembly. 



become a public Defaulter, or be attainted of Treason, or 
be convicted of Felony or of any infamous Crime, his Seat 
in such Council shall thereby become vacant. 

VIII. And be it enacted, That any Question which 
shall arise respecting any Vacancy in the Legislative 
Council of the Province of Canada, on occasion of any of 
the matters aforesaid, shall be referred by the Governor of 
the Province of Canada to the said Legislative Council, to 
be by the said Legislative Council heard and determined : 
Provided always, that it shall be lawful, either for the 
Person respecting whose Seat such Question shall have 
arisen, or for Her Majesty's Attorney General for the said 
Province on Pier Majesty's Behalf, to appeal from the 
Determination of the said Council in such case to Her 
Majesty, and that the Judgment of Her Majesty given 
with the advice of Her Privy Council thereon shall be final 
and conclusive to all Intents and Purposes. 

IX. And be it enacted, That the Governor of the 
Province of Canada shall have Power and Authority from 
Time to Time, by an Instrument under the Great Seal of 
the said Province, to appoint One Member of the said 
Legislative Council to be Speaker of the said Legislative 
Council, and to remove him, and appoint another in his 
stead. 

X. And be it enacted, That the Presence of at least Ten 
Members of the said Legislative Council, including the 
Speaker, shall be necessary to constitute a Meeting for the 
Exercise of its Powers ; and that all Questions which shall 
arise in the said Legislative Council shall be decided by a 
Majority of Voices of the Members present other than the 
Speaker, and when the Voices shall be equal the Speaker 
shall have the casting Vote. 

XI. And be it enacted, That for the Purpose of con- 
stituting the Legislative Assembly of the Province of 
Canada it shall be lawful for the Governor of the said 
Province, within the Time hereinafter mentioned, and 
thereafter from Time to Time as occasion shall require, 
in Her Majesty's Name and by an Instrument or Instru- 



AOT UNITING UPPER AND LOWER CANADA 113 

merits under the Great Seal of the said Province, to 
summon and call together a Legislative Assembly in and 
for the said Province. 

XII. And be it enacted, That in the Legislative As- Representatives 
sembly of the Province of Canada to be constituted 
aforesaid the Parts of the said Province which now con- 
stitute the Provinces ot Upper and Lower Canada re- 
spectively shall, subject to the provisions herein-after 
contained, be represented by an equal Number of Repre- 
sentatives to be elected for the Places and in the Manner 
herein-after mentioned. 

XIII-XX. [Representation of the town and county 
constituencies of Upper and Lower Canada.] 

XXI-XXV. [Regulations regarding the holding of 
elections.] 

XXVI. And be it enacted, That it shall be lawful for Power to alter 
the Legislature of the Province of Canada, by any Act or j^^nta- 
Acts to be hereafter passed, to alter the Divisions andtion. 
Extent of the several Counties, Ridings, Cities, and Towns 
which shall be represented in the Legislative Assembly of 
the Province of Canada, and to establish new and other 
Divisions of the same, and to alter the apportionment of 
Representatives to be chosen by the said Counties, Ridings, 
Cities and Towns respectively, and make a new and differ- 
ent apportionment of the Number of Representatives to be 
chosen in and for those Parts or the Province of Canada 
which now constitute the said Provinces of Upper and 
Lower Canada respectively, and in and for the several 
Districts, Counties, Ridings, and Towns in the same, and 
to alter and regulate the Appointment of Returning Officers 
in and for the same, and make Provision, in such Manner 
as they may deem expedient, for the issuing and Return 
of Writs for the Election of Members to serve in the said 
Legislative Assembly, and the time and Place of holding 
such Elections : Provided always, that it shall not be law- Proviso, 
ful to present to the Governor of the Province of Canada 
for Her Majesty's Assent any Bill of the Legislative 
Council and Assembly of the said Province by which the 

8 



1U FEDERAL AND UNIFIED CONSTITUTIONS 



The present 



Provinces to 



number of Representatives in the Legislative Assembly 
may be altered, unless the Second and Third Reading of 
such Bill in the Legislative Council and the Legislative 
Assembly shall have been passed with the concurrence of 
Two Thirds of the Members for the Time being of the 
said Legislative Council, and of Two Thirds of the Members 
for the Time being of the said Legislative Assembly re- 
spectively, and the Assent of Her Majesty shall not be 
given to any such Bill unless Addresses shall have been 
presented by the Legislative Council and the Legislative 
Assembly respectively to the Governor, stating that such 
Bill has been so passed. 

XXVII. And be it enacted, That until Provisions shall 

otherwise be made b y an Act or Acts of the Legislature of 
the Province of Canada all the Laws which at the Time of 
^ e P assm g * ^ ms Act are m f rc e in the Province of 
Upper Canada, and all the Laws which at the Time of the 
passing of the said Act of Parliament, intituled An Act 
to make temporary Provision for the Government of Lower 
Canada [1 & 2 Viet. c. 9], were in force in the Province of 
Lower Canada, relating to the Qualification and Disquali- 
fication of any Person to be elected or to sit or vote as a 
Member of the Assembly in the said Provinces respectively, 
(except those which require a Qualification of Property in 
Candidates for Election, for which provision is hereinafter 
made,) and relating to the Qualification and Disqualifica- 
tion of Voters at the Election of Members to serve in the 
Assemblies of the said Provinces respectively, and to the 
oaths to be taken by any such Voters, and to the Powers 
and Duties of Returning Officers, and the Proceedings at 
such Elections, and the Period during which such Elections 
may be lawfully continued, and relating to the Trial of 
controverted Elections, and the Proceedings incident 
thereto, and to the vacating of Seats of Members, and the 
issuing and Execution of new Writs in case of any Seat 
being vacated otherwise than by a Dissolution of the 
Assembly, shall respectively be applied to Elections of 
Members to serve in the Legislative Assembly of the 



ACT UNITING UPPER AND LOWER CANADA 115 

Province of Canada for Places situated in those parts of 
the Province of Canada for which such Laws were passed. 

XXVIII. And be it enacted, That no Person shall be Qualifications 
capable of being elected a Member of the Legislative ot Mclnbers - 
Assembly of the Province of Canada who shall not be 
legally or equitably seised as of Freehold, for his own Use 
and Benefit, of Lands or Tenements held in Free and 
Common Socage, or seised or possessed, for his own Use 
and Benefit, of Lands or Tenements held in Fief or in 
Roture, within the said Province of Canada, of the Value 
of Five hundred Pounds of Sterling Money of Great 
Britain, over and above all Rents, Charges, Mortgages, and 
Incumb ranees charged upon and due and payable out of 
or affecting the same ; and that every Candidate at such 
Election, before he shall be capable of being elected, shall, 
if required by any other Candidate, or by any Elector, or 
by the Returning Officer, make the following Declaration : 

" I A. B. do declare and testify, That I am duly seised Declaration of 
at Law or in Equity as of Freehold, for my own Use and 68 f r 



Benefit, of Lands or Tenements held in Free and Common 
Socage, [or duly seised or possessed, for my own Use and 
Benefit, of Lands or Tenements held in Fief or in Roture 
(as the case may be),] in the Province of Canada, of the 
Value of Five hundred Pounds of Sterling Money of Great 
Britain, over and above all Rents, Mortgages, Charges, 
and Incumbrances charged upon or due and payable out 
of or affecting the same ; and that I have not collusively 
or colourably obtained a Title to or become possessed of 
the said Lands and Tenements, or any Part thereof, for 
the Purpose of qualifying or enabling me to be returned 
a Member of the Legislative Assembly of the Province of 
Canada." 

XXIX. [Persons making false declarations to be liable 
to the penalties of perjury.] 

XXX. And be it enacted, That it shall be lawful for Place and 
the Governor of the Province of Canada for the Time 
being to fix such Place or Places within any Part of the 
Province of Canada, and such Times for holding the First 



116 FEDEEAL AND UNIFIED CONSTITUTIONS 

and every other Session of the Legislative Council and 
Assembly of the said Province as he may think fit, such 
Times and Places to be afterwards changed or varied as 
the Governor may judge advisable and most consistent 
with general Convenience and the Public Welfare, giving 
sufficient notice thereof; and also to prorogue the said 
Legislative Council and Assembly from Time to Time, and 
dissolve the same, by Proclamation or otherwise, whenever 
he shall deem it expedient. 

Duration of XXXI. And be it enacted, That there shall be a Ses- 

ar lamen . g j Qn Q ^ ^ e Legislative Council and Assembly of the Pro- 
vince of Canada once at least in every year, so that a 
Period of Twelve Calendar Months shall not intervene 
between the last Sitting of the Legislative Council and 
Assembly in One Session and the First Sitting of the 
Legislative Council and Assembly in the next Session ; 
and that every Legislative Assembly of the said Province 
hereafter to be summoned and chosen shall continue for 
Four Years from the Day of the Eeturn of the Writs for 
choosing the same, and no longer, subject nevertheless to 
be sooner prorogued or dissolved by the Governor of the 
said Province. 

XXXII. [The first assembly of the Legislature shall be 
not later than six months after the reunion of the Pro- 
vinces.] 

Election of the XXXIII. And be it enacted, That the Members of the 

Speaker. Legislative Assembly of the Province of Canada shall, 
upon the First Assembling after every General Election, 
proceed forthwith to elect One of their Number to be 
Speaker; and in case of his Death, Kesignation, or Ee- 
moval by a Vote of the said Legislative Assembly, the 
said Members shall forthwith proceed to elect another of 
such Members to be such Speaker ; and the Speaker so 
elected shall preside at all Meetings of the said Legislative 
Assembly. 

Quorum. XXXIV. And be it enacted, That the Presence of at 

least Twenty Members of the Legislative Assembly of the 
Province of Canada, including the Speaker, shall be 



ACT UNITING UPPEE AND LOWEE CANADA 117 

necessary to constitute a Meeting of the said Legislative 

Assembly for the Exercise of its Powers ; and that all 

Questions which shall arise in the said Assembly shall be Division. 

decided by the Majority of Voices of such Members as 

shall be present, other than the speaker, and when the 

Voices shall be equal the Speaker shall have the casting < 'asting Vote. 

Voice. 

XXXV. And be it enacted, That no Member, either of No Member to 
the Legislative Council or of the Legislative Assembly ot ^J^ ^^ 
the Province of Canada, shall be permitted to sit or vote taken the 
therein until he shall have taken and subscribed the fol- 

lowing Oath before the Governor of the said Province, or 
before some Person or Persons authorized by such Gov- 
ernor to administer such Oath : 

"I A. B. do sincerely promise and swear, That I will Oath of 
be faithful and bear true Allegiance to Her Majesty Queen AJlt ' lallce - 
Victoria, as lawful Sovereign of the United Kingdom of 
Great Britain and Ireland, and of this Province of Canada, 
dependent on and belonging to the said United Kingdom ; 
and that I will defend Her to the utmost of my Power 
against all traitorous Conspiracies and Attempts whatever 
which shall be made against Her Person, Crown, and 
Dignity ; and that I will do my utmost Endeavour to 
disclose and make known to Her Majesty, Her Heirs and 
Successors, all Treasons and traitorous Conspiracies and 
Attempts which I shall know to be against Her or any of 
them ; and all this I do swear without any Equivocation, 
mental Evasion, or secret Eeservation, and renouncing all 
Pardons and Dispensations from any Person or Persons 
whatever to the contrary. 

So help me GOD." 

XXXVI. And be it enacted, That every Person author- Affirmation 
ized by Law to make an Affirmation instead of taking an Q^^ of 
Oath may make such Affirmation in every Case in which 

an Oath is hereinbefore required to be taken. 

XXXVII. And be it enacted, That whenever any Bill Giving or with- 
which has been passed by the Legislative Council andj^ 1 '^ As8ent 
Assembly of the Province of Canada shall be presented 



118 FEDEKAL AND UNIFIED CONSTITUTIONS 

for Her Majesty's Assent to the Governor of the said Pro- 
vince, such Governor shall declare, according to his Dis- 
cretion, but subject nevertheless to the Provisions contained 
in this Act, and to such Instructions as may from Time to 
Time be given in that Behalf by Her Majesty, Her Heirs 
or Successors, that he assents to such Bill in Her Majesty's 
Name, or that he withholds Her Majesty's Assent, or that 
he reserves such Bill for the Signification of Her Majesty's 
Pleasure thereon. 

Disallowance XXXVIII. And be it enacted, That whenever any Bill 

assented to wn i n shall have been presented for Her Majesty's Assent 
to the Governor of the said Province of Canada shall by 
such Governor have been assented to in Her Majesty's 
Name, such Governor shall by the first convenient oppor- 
tunity transmit to One of Her Majesty's Principal 
Secretaries of State an authentic Copy of such Bill so 
assented to ; and that it shall be lawful, at any Time 
within Two Years after such Bill shall have been so re- 
ceived by such Secretary of State, for Her Majesty, by 
Order in Council, to declare Her Disallowance of such 
Bill ; and that such Disallowance, together with a 
Certificate under the Hand and Seal of such Secretary 
of State, certifying the Day on which such Bill was 
received as aforesaid, being signified by such Governor 
to the Legislative Council and Assembly of Canada, by 
Speech or Message to the Legislative Council and Assembly 
of the said Province, or by Proclamation, shall make void 
and annul the same from and after the Day of such Signi- 
fication. 

Assent to Bills XXXIX. And be it enacted, That no Bill which shall 
reserved. De regerve <} for the Signification of Her Majesty's Pleasure 
thereon shall have any Force or Authority within the 
Province of Canada until the Governor of the said Province 
shall signify, either by Speech or Message to the Legislative 
Council and Assembly of the said Province, or by Pro- 
clamation, that such Bill has been laid before Her Majesty 
in Council, and that Her Majesty has been pleased to as- 
sent to the same ; and that an Entry shall be made in the 



ACT UNITING UPPER AND LOWER CANADA 119 

Journals of the said Legislative Council of every such 
Speech, Message, or Proclamation, and a Duplicate thereof, 
duly attested, shall be delivered to the proper Officer, to 
be kept among the Records of the said Province ; and that 
no Bill which shall be so reserved as aforesaid shall have 
any Force or Authority in the said Province unless Her 
Majesty's Assent thereto shall have been so signified as 
aforesaid within the Space of Two Years from the Day on 
which such Bill shall have been presented for Her 
Majesty's Assent to the Governor as aforesaid. 

XL. Provided always, and be it enacted, That nothing Authority of 
horein contained shall be construed to limit or restrain the tjie Governor. 
.Exercise of Her Majesty's Prerogative in authorizing, and 
that notwithstanding this Act, and any other Act or Acts 
passed in the Parliament of Great Britain, or in the 
Parliament of the United Kingdom of Great Britain and 
Ireland, or of the Legislature of the Provinces of Quebec, 
or of the Provinces of Upper or Lower Canada respectively, 
it shall be lawful for Her Majesty to authorize the 
Lieutenant Governor of the Province of Canada to ex- 
ercise and execute, within such Parts of the said Pro- 
vince as Her Majesty shall think fit, notwithstanding the 
Presence of the Governor within the Province, such of the 
Powers, Functions and Authority, as well judicial as other, 
which before and at the Time of passing of this Act were 
and are vested in the Governor, Lieutenant Governor, or 
Person administering the Government of the Provinces of 
Upper Canada and Lower Canada respectively, or of either 
of them, and which from and after the said Re-union of the 
said Two Provinces shall become vested in the Governor 
of the Province of Canada ; and to authorize the Governor 
of the Province of Canada to assign, depute, substitute, 
and appoint any Person or Persons, jointly or severally, to 
be his Deputy or Deputies within any Part or Parts of the 
Province of Canada, and in that Capacity to exercise, per- 
form, and execute during the Pleasure of the said Governor 
such of the Powers, Functions, and Authority, as well 
judicial as other, as before and at the Time of the passing 



120 FEDEEAL AND UNIFIED CONSTITUTIONS 



Language of 

Legislative 

Records. 



Ecclesiastical 
and Crown 
Rights. 



of this Act were and are vested in the Governor, Lieutenant 
Governor, or Person administering the Government of the 
Provinces of Upper and Lower Canada respectively, and 
which from and after the Union of the said Provinces shall 
become vested in the Governor of the Province of Canada, 
as the Governor of the Province of Canada shall deem to 
be necessary or expedient : Provided always, that by the 
Appointment of a Deputy or Deputies as aforesaid the 
Power and Authority of the Governor of the Province of 
Canada shall not be abridged, altered, or in any way 
affected otherwise than as Her Majesty shall think proper 
to direct. 

XLI. And be it enacted, That from and after the said 
Ee-union of the said Two Provinces all Writs, Proclama- 
tions, Instruments for summoning and calling together 
the Legislative Council and Legislative Assembly of the 
Province of Canada, and for proroguing and dissolving 
the same, and all Writs of Summons and Election, and 
all Writs and public Instruments whatsoever relating to 
the said Legislative Council and Legislative Assembly, or 
either of them, and all Eeturns to such Writs and Instru- 
ments, and all Journals, Entries, and written or printed 
Proceedings, of what nature soever, of the said Legislative 
Council and Legislative Assembly, and of each of them 
respectively, and all written or printed Proceedings and 
Eeports of Committees of the said Legislative Council 
and Legislative Assembly respectively, shall be in the 
English language only : Provided always, that this Enact- 
ment shall not be construed to prevent translated Copies 
of any such Documents being made, but no such Copy 
shall be kept among the Eecords of the Legislative Council 
or Legislative Assembly, or be deemed in any Case to have 
the Force of an original Eecord. 

XLII. And be it enacted, That whenever any Bill or 
Bills shall be passed by the Legislative Council and 
Assembly of the Province of Canada, containing any 
Provisions to vary or repeal any of the Provisions now in 
force contained in an Act of the Parliament of Great 



ACT UNITING UPPEK AND LOWEE CANADA 121 

Britain passed in the Fourteenth Year of the Reign of His 
late Majesty King George the Third, intituled An Act for 
making more effectual Provision for the Government of the 
Province of Quebec in North America [14 Geo. III. c. 83], 
or in the aforesaid Acts of Parliament passed in the 
Thirty-first Year of the same Reign, respecting the ac- 
customed Dues and Rights of the Clergy of the Church of 
Rome ; or to vary or repeal any of the several Provisions 
contained in the said last-mentioned Act, respecting 
the Allotment and Appropriation of Lands for the Support 
of the Protestant Clergy within the Province of Canada, 
or respecting the constituting, erecting, or endowing of 
Parsonages or Rectories within the Province of Canada, or 
respecting the Presentation of Incumbents or Ministers of 
the same, or respecting the Tenure on which such In- 
cumbents or Ministers shall hold or enjoy the same ; and 
also that whenever any Bill or 13ills shall be passed con- 
taining any Provisions which shall in any manner relate 
to or affect the Enjoyment or Exercise of any Form or 
Mode of Religious Worship, or shall impose or create any 
Penalties, Burdens, Disabilities, or Disqualifications in 
respect of the same, or shall in any manner relate to or 
affect the Payment, Recovery, or Enjoyment of any of the 
accustomed Dues or Rights herein-before mentioned, or 
shall in any manner relate to the granting, imposing, or 
recovering of any other Dues, or Stipends, or Emoluments, 
to be paid to or for the use of any Minister, Priest, 
Ecclesiastic, or Teacher, according to any Form or Mode 
of Religious Worship, in respect of his said Office or 
Function ; or shall in any Manner relate to or affect the 
Establishment or Discipline of the United Church of 
England and Ireland among the Members thereof within 
the said Province; or shall in any manner relate to or 
affect Her Majesty's Prerogative touching the granting of 
Waste Lands of the Crown within the said Province; 
every such Bill or Bills shall, previously to any Declara- 
tion or Signification of Her Majesty's Assent thereto, be 
laid before both Houses of Parliament of the United 



122 FBDEEAL AND UNIFIED CONSTITUTIONS 

Kingdom of Great Britain and Ireland ; and that it shall 
not be lawful for Her Majesty to signify Her Assent to any 
such Bill or Bills until Thirty Days after the same shall 
have been laid before the said Houses, or to assent to any 
such Bill or Bills in case either House of Parliament 
shall, within the said Thirty Days, address Her Majesty 
to withhold Her Assent from any such Bill or Bills ; and 
that no such Bill shall be valid or effectual to any of the 
said Purposes within the said Province of Canada unless 
the Legislative Council and Assembly of such Province 
shall, in the Session in which the same shall have been 
passed by them, have presented to the Governor of the 
said Province an Address or Addresses specifying that 
such Bill or Bills contains Provisions for some of the Pur- 
poses herein-before specially described, and desiring that, 
in order to give Effect to the same, such Bill or Bills may 
be transmitted to England without Delay, for the Purpose 
of its being laid before Parliament previously to the 
Signification of Her Majesty's Assent thereto. 

XLIII. [Cites 18 Geo. III. c. 12. (An Act abolishing 
the duty on tea and withdrawing the right of Great 
Britain to tax the Colonies, except in so far as is necessary 
for the regulation of commerce, and provided that the 
net produce of such duties be applied to the use of the 
Colony in which they are levied.) Nothing in the present 
Act shall prevent the execution of this or any similar 
law.j 

XLIV. [Cites Acts establishing Courts of Appeal, 
Probate, Queen's Bench and Chancery in Upper Canada, 
and Court of Appeal in Lower Canada. All ministerial 
and judicial Authority hitherto exercised by the Governors, 
etc. of the respective Provinces shall henceforward be 
vested in the Governor, etc. of the united Province of 
Canada. Court of Queen's Bench to be held at or near 
Toronto (subject to alteration by the Governor in Council).] 
Powers to be XLV. And be it enacted, That all Powers, Authorities, 

Exercised by an( j F unc ti O ns which by the said Act passed in the 

Governor, with _ J . \ . 

the Executive thirty-first year of the Reign of His late Majesty King 

Council, or 

Alone. 



ACT UNITING UPPEE AND LOWEE CANADA 123 

George the Third, or by any other Act of Parliament, or 
by any Act of the Legislature of the Provinces of Upper 
and Lower Canada respectively, are vested in or are 
authorized or required to be exercised by the respective 
Governors or Lieutenant-Go vernors of the said Provinces, 
with the Advice or with the Advice and Consent of the 
Executive Council of such Provinces respectively, or in 
conjunction with such Executive Council, or with any 
number of the Members thereof, or by the said Governors 
or Lieutenant Governors individually and alone, shall, in 
so far as the same are not repugnant to or inconsistent 
with the Provision of this Aci, be vested in and may be 
exercised by the Governor of the Province of Canada, with 
the Advice or with the Advice and Consent of, or in con- 
junction, as the case may require, with such Executive 
Council, or any Members thereof, as may be appointed by 
Her Majesty for the Affairs of the Province of Canada, 
or by the said Governor of the Province of Canada in- 
dividually and alone in Cases where the Advice, Consent, 
or Concurrence of the Executive Council is not required. 

XLVI. [Existing laws shall remain in force except in 
so far as they are altered by this Act or by any Acts of 
the Legislature of Canada.] 

XLVI I. [Courts of Justice, Commissions, Officers, 
etc., shall continue unless they are altered by or are in- 
consistent with this Act.] 

XLVJII. [Provision respecting temporary Acts.] 

XL1X. [Eepeal of those clauses of 3 G. IV. c. 119 
(Act for regulating inter-colonial trade), appointing arbi- 
trators and prescribing their course of action.] 

L. And be it enacted, That upon the Union of the Revenues of 
Provinces of Upper and Lower Canada all Duties and Jj ie Two , 

T^ I t -I -r i L .LI Provinces to 

Eevenues over which the respective Legislatures of the torm a Con- 
said Provinces before and at the Time of the passin 
this Act had and have Power of Appropriation shall form 
one Consolidated Eevenue Fund, to be appropriated for 
the Public Service of the Province of Canada, in the Manner 
and subject to the Charges herein-after mentioned. 



124 FEDEBAL AND UNIFIED CONSTITUTIONS 

LI. [Consolidated Kevenue Fund to be charged with 
the expense of collection thereof.] 

LII. [45,OOOZ. per annum to be granted permanently 
for the services in Schedule A (Governor, Lieutenant- 
Governor and Judges) and 30,OOOZ. per annum during the 
life of Her Majesty and for five years following, for those 
in Schedule B (Civil Secretaries and other officials).] 

LIII. [The appropriation of sums may be varied : 
In Schedule A by Act of th ^ legislature of Canada. 
In Schedule B by the Governor.] 

LIV. [The above sums shall take the place of all 
territorial and other revenues of the Crown. During the 
life of Her Majesty and for five years after, such revenues 
shall be transferred to the Consolidated Revenue Fund.] 

LV. [Charges already created in either province shall 
not be absorbed into the above Fund for the period of the 
Acts authorising them.] 

LVI. [The order of charges on the Consolidated Be venue 
Fund shall be : 

(1) Expense of Collection. 

(2) Interest of the Public Debt. 

(3) Payments to Clergy. 
(4 and 5) Civil List. 

(6) Other charges already made on the Public 

Bevenue.] 

LVII. [Subject to the above charges, the Consolidated 
Bevenue Fund shall be appropriated by the Provincial 
Legislature for the public service.] 

LVIII. [Tho Governor may constitute townships under 
the Great Seal.] 

LIX. [Exercise of powers of Governor to be subject to 
orders, etc., of Her Majesty.] 

LX. [Magdalen Islands may be annexed to the Island 
of Prince Edward.] 

Interpretation LXI. And be it enacted, That in this Act, unless other- 
Clause. w } ge expressed therein, the words " Act of the Legislature 
of the Province of Canada" are to be understood to mean 
" Act of Her Majesty, Her Heirs or Successors, enacted by 



ACT UNITING UPPER AND LOWER CANADA 125 

Her Majesty, or by the Governor on behalf of Her 
Majesty, with the Advice and Consent of the Legisla- 
tive Council and Assembly of the Province of Canada ; " 
and the words " Governor of the Province of Canada" are 
to be understood as comprehending the Governor, Lieuten- 
ant Governor, or Person authorized to execute the Of lice 
or the Functions of Governor of the said Province. 

LXIL And be it enacted, That this Act may be amended Act may be 
or repealed by any Act to be passed in the present Session amended, etc. 
of Parliament. 



EARL GBEY'S DESPATCHES CONCEENING THE ES- 
TABLISHMENT OF RESPONSIBLE GOVERNMENT 
IN NOVA SCOTIA. 3 NOVEMBER, 1846, AND 31 MARCH, 
1847. 

["Parliamentary Papers," vol. 42, 1847-48.] 

Earl Grey [Secretary of State for the Colonies], to Lieutenanl- 
Governor Sir John Harvey, K.G.B. [Lieut.-Gov. of Nova 
Scotia]. 

DOWNING STREET, 

3 November, 1846. 

I HAVE received your Despatch of the 15th September, marked 
" Private and Confidential," in which you communicate to me 
your views upon the state of affairs which you have found on 
arriving in Nova Scotia. 

Circumstances prevented me from answering your despatch, 
as you wished me to have done, by the packet which left Eng- 
land on the 3d instant ; but the interval which has since elapsed 
has enabled me to devote more time to the consideration of the 
questions which you have brought under my notice than the 
brief space between the arrival and the departure of the North 
American packet would have allowed me to do. 

I perceive, from your representation of the position of affairs 
in Nova Scotia, that there are questions to be determined in 
respect to the government of that province of no ordinary diffi- 
culty, and that it is of the utmost importance that the first 
measures of your administration should be preceded by the most 
careful deliberation. The knowledge which I possess of the 
local politics of Nova Scotia is at present too limited to enable 
me, with confidence in my own judgment, to give you any 
positive and detailed directions as to the course which circum- 
stances may require you to adopt in the present conjuncture ; 

126 



EARL GREY'S DESPATCHES 127 

but though it is out of my power to give you such instructions, 
there are certain general principles which ought, as I conceive, 
to govern your conduct in this and in similar cases ; and which, 
as they admit of being stated, ought, I think, to be communicated 
to you for your guidance. 

I shall advert first to the important topic of the composition 
of the Legislative Council. In making appointments to this 
body, it ought undoubtedly to be the object of the administrator 
of the Government so to compose it as to make it fairly repre- 
sent the opinion of the majority of the intelligent members of the 
community ; but supposing the selection of the present members 
to have been ill-advised, and that the Council in consequence is 
not in harmony with public opinion, the question arises, what is 
then the proper course to be adopted? Under such circum- 
stances there are two considerations to which it is necessary to 
advert. First, that it is impossible to allow the Legislative 
Council to obstruct permanently the passing of measures called 
for by public opinion, and sent up by the popular branch of the 
Legislature. Secondly, that it is a serious evil to be compelled 
to make an addition to the members of this body for the purpose 
of: changing the character of the majority ; since each such 
addition creates both a precedent and a necessity for a similar 
and perhaps larger addition whenever a change in public feeling 
gives the ascendancy to a new party in the assembly. It is 
difficult to reconcile these almost conflicting considerations, but 
this, in my opinion, may be attempted with the greatest hopes 
of success, by adopting as a rule that an addition is not to be 
made to the Legislative Council with a view to changing the 
character of the majority, except under circumstances of clear 
and obvious necessity. An anticipation that public business 
will be impeded because there is a majority in the Legislative 
Council attached to the political party which has not the con- 
fidence of the colony is insufficient to justify the appointment of 
additional members. Practical inconvenience must have actually 
arisen, and to a serious extent, before resort can with propriety 
be had to any measure for increasing the number of the Council. 
If that body be found obstructing pertinaciously the progress of 
public business, and the passing of laws which public opinion 



128 FBDEEAL AND UNIFIED CONSTITUTIONS 

demands, an addition to it will then be felt to be a just and 
necessary measure, and would not excite the same indignation, 
on the part even of those against whom it might be directed, as 
would be the case if adopted on lighter grounds ; while the 
probability is that the members of the Legislative Council, 
knowing that if it should become necessary this measure must 
ultimately be resorted to, will shrink from creating the necessity 
by obstinately opposing themselves to the real opinion of the 
intelligent classes of the community. 



I come now to the second question which you have submitted 
to me in your Despatch, namely, the propriety of dissolving the 
present House of Assembly. 

I am of opinion that under all the circumstances of the case, 
the best course for you to adopt is to call upon the members of 
your present Executive Council to propose to you the names 
of the gentlemen whom they would recommend to supply the 
vacancies, which I understand to exist, in the present Board. 
If they should be successful in submitting to you an arrange- 
ment to which no valid objection arises, you will of course 
continue to carry on the government through them, so long as 
it may be possible to do so satisfactorily, and as they possess 
the necessary support from the Legislature. Should the present 
Council fail in proposing to you an arrangement which it would 
be proper for you to accept, it would then be your natural 
course, in conformity with the practice in analogous cases in 
this country, to apply to the opposite party, and should you be 
able, through their assistance, to form a satisfactory Council, 
there will be no impropriety in dissolving the Assembly upon 
their advice ; such a measure, under those circumstances, being 
the only mode of escaping from the difficulty which would 
otherwise exist of carrying on the government of the province 
upon the principles of the constitution. 

The object with which I recommend to you this course, is 
that of making it apparent that any transfer which may take 
place of political power from the hands of one party in the 



EAKL GKEY'S DESPATCHES 129 

province to those of another is the result not of an act of yours 
but of the wishes of the people themselves, as shown by the 
difficulty experienced by the retiring party in carrying on the 
government of the province according to the forms of the 
constitution. To this I attach great importance ; T have 
therefore to instruct you to abstain from changing your Exe- 
cutive Council until it shall become perfectly clear that they 
are unable, with such fair support from yourself as they have 
a right to expect, to carry on the government of the pro- 
vince satisfactorily, and command the confidence of the Legis- 
lature. 

Of whatsoever party your Council may be composed, it will 
be your duty to act strictly upon the principle you have yourself 
laid down in the memorandum delivered to the gentlemen with 
whom you have communicated, that, namely, " of not identify- 
ing yourself with any one party," but instead of this, " making 
yourself both a mediator and a moderator between the influential 
of all parties." In giving, therefore, all fair and proper support 
to your Council for the time being, you will carefully avoid any 
acts which can possibly be supposed to imply the slightest 
personal objection to their opponents, and also refuse to assent 
to any measures which may be proposed to you by your Council 
which may appear to you to involve an improper exercise of the 
authority of the Crown for party rather than for public objects. 
In exercising, however, this power of refusing to sanction 
measures which may be submitted to you by your Council, you 
must recollect that this power of imposing a check upon extreme 
measures proposed by the party for the time in the government, 
depends entirely for its efficacy upon its being used sparingly, 
and with the greatest possible discretion. A refusal to accept 
advice tendered to you by your Council is a legitimate ground 
for its members to tender to you their resignation, a course they 
would doubtless adopt should they feel that the subject on 
which a difference had arisen between you and themselves was 
one upon which public opinion would be in their favour. 
Should it prove to be so, concession to their views must, sooner 
or later, become inevitable, since it cannot be too distinctly ac- 
knowledged that it is neither possible nor desirable to carry on 



130 FEDEEAL AND UNIFIED CONSTITUTIONS 

the government of any of the British provinces in North America 
in opposition to the opinion of the inhabitants. 

Clearly understanding, therefore, that refusing to accede to 
the advice of your Council for the time being upon a point on 
which they consider it their duty to insist, must lead to the 
question at issue being brought ultimately under the decision of 
public opinion, you will carefully avoid allowing any matter not 
of very grave concern, or upon which you cannot reasonably 
calculate upon being in the end supported by that opinion, to 
be made the subject of such a difference. And if, unfortunately, 
such a difference should arise, you will take equal care that its 
cause and the grounds of your own decision are made clearly 
to appear in written documents capable of being publicly 
quoted. 

The adoption of this principle of action by no means involves 
the necessity of a blind obedience to the wishes and opinions of 
the members of your Council ; on the contrary, I have no doubt 
that if they see clearly that your conduct is guided, not by 
personal favour to any particular men or party, but by a sincere 
desire to promote the public good, your objections to any measures 
proposed will have great weight with the Council, or should they 
prove unreasonable, with the Assembly, or, in last resort, with 
the public. 

Such are the general principles upon which the constitutions 
granted to the North American Colonies render it necessary 
that their government should be conducted. It is, however, I 
am well aware, far easier to lay down these general principles 
than to determine in any particular case what is that line of 
conduct which an adherence to them should prescribe. In this 
your own judgment and a careful consideration of the circum- 
stances in which you are placed must be your guide ; and I have 
only, in conclusion, to assure you that Her Majesty will always 
be anxious to put the most favourable construction upon your 
conduct in the discharge of the arduous duties imposed upon you 
by the high situation you hold in Her service. 



EARL GREY'S DESPATCHES 131 

Earl Grey to Lieut. -Governor Sir John Harvey, K.C.B. 

DOWNING STREET, 

31 March, 1847. 
SlB, 

I have already acknowledged the receipt of your Despatch of 
the 2nd February, enclosing two letters to yourself from your 
Executive Council, and I now propose to communicate the con- 
clusions at which I have arrived after that attentive consideration 
which I have felt due, as well to the intrinsic merits of the views 
stated by your advisers, as to the respectable source from which 
the statement emanates. 

In doing so, it will be convenient that I should at the same 
time advert to the correspondence which, soon after your assump- 
tion of the government of Nova Scotia, you had with Mr. Howe 
and his friends. 

Upon a careful comparison of these very able papers, in 
which the members of your Council and their political opponents 
have stated their respective views as to the manner in which the 
Executive Government of Nova Scotia ought to be conducted, I 
am led to the conclusion that there is not in reality so wide a 
difference of principle between the conflicting parties as would 
at first sight appear to exist, and that it may not be impossible 
to chalk out a system of administration to be hereafter adopted, 
to which, without the slightest sacrifice of consistency, both 
might assent. 

On the one hand, I find that the members of your Council 
declare that they " desire in no degree to weaken the responsibility 
of the Provincial Government to the Legislature," and I gather 
from the general tenor of their papers of the 28th and 30th of 
January, that they are aware that, in the present state of affairs, 
and of public opinion in Nova Scotia, it is necessary that the 
Governor of the province should, in administering its affairs, 
have the advice and assistance of those who can command the 
confidence of the Legislature, and more especially of that branch 
of the Legislature which directly represents the people. 

On the other hand, I can hardly doubt that the gentlemen 
of the opposite party who have insisted so strongly upon the 
necessity of what is termed " responsible government," would 



132 FEDEEAL AND UNIFIED CONSTITUTIONS 

admit the justness and importance of many of the arguments 
which have been used, in order to show the danger and incon- 
venience of making the general tenure of offices in the colonial 
service to depend upon the fluctuations of political contests in 
the Assembly. I am the more convinced that the gentlemen of 
the opposition will recognise the force of these arguments, be- 
cause I observe in the various papers in which they have stated 
their views, frequent references, either direct or implied, to the 
practice of this country, as that which affords the best model for 
imitation in laying down rules as to the manner in which the 
government of Nova Scotia should be carried on. Now there is 
scarcely any part of the system of government in this country 
which I consider of greater value than that, which though not 
enforced by any written law, but deriving its authority from 
usage and public opinion, makes the tenure of the great majority 
of officers in the public service to depend upon good behaviour. 
Although, with the exception of those who hold the higher judicial 
situations, or situations in which judicial independence has been 
considered to be necessary, the whole body of public servants in 
the United Kingdom hold their offices technically during the 
pleasure of the Crown, in practice, all but the very small propor- 
tion of offices which are distinguished as political, are held in- 
dependently of party changes, nor are those who have once been 
appointed to them ever in point of fact removed, except in 
consequence of very obvious misconduct or unfitness. Thus, in 
fact, though the legal tenure, " during good behaviour," is rare, 
tenure during good behaviour, in the popular sense of the term, 
may be said to be the general rule of our public service. 

The exception is in the case of those high public servants 
whom it is necessary to invest with such discretion as really to 
leave in their hands the whole direction of the policy of the 
empire in all its various departments. Such power must, with 
a representative government, be subject to constant control by 
Parliament, and is therefore administered only by such persons 
as from time to time enjoy the confidence of Parliament as well 
as of the Crown. These heads of departments, or Ministers, 
together with their immediate subordinates who are required to 
represent or support them in Parliament, are almost invariably 



EARL GBEY'S DESPATCHES 133 

members of one or other House, and hold their offices only as 
long as they enjoy the confidence of Parliament. 

Though it is not without some inconveniences, I regard this 
system as possessing upon the whole very great advantages. 
We owe to it that the public servants of this country, as a body, 
are remarkable for their experience and knowledge of public 
aifairs, and honourably distinguished by the zeal and integrity 
with which they discharge their duties, without reference to 
party feeling ; we owe to it also, that as the transfer of power 
from one party in the State to another is followed by no change 
in the holders of any but a few of the highest offices, political 
animosities are not in general carried to the same height, and 
do not so deeply agitate the whole frame of society as in those 
countries in which a different practice prevails. The system, 
with regard to the tenure of office, which has been found to work 
so well here, seems well worthy of imitation in the British 
American Colonies, and the small population and limited revenue 
of Nova Scotia, as well as the general occupation and social 
state of the community, are, in my opinion, additional reasons 
for abstaining, so far as regards that province, from going further 
than can bo avoided, without giving up the principle of executive 
responsibility, in making the tenure of offices in the public 
service dependent upon the result of party contests. In order 
to keep the Executive Government in harmony with the Legis- 
lature, it is doubtless necessary that the direction of the internal 
policy of the colony should be entrusted to those who enjoy the 
confidence of the Provincial Parliament, but it is of great moment 
not to carry the practice of changing public officers further than 
is absolutely necessary for the attainment of that end, lest the 
administration of public affairs should be deranged by increasing 
the bitterness of party spirit, and subjecting the whole machinery 
of Government to perpetual change and uncertainty. 

In the practical application of these views, there will, I am 
aware, be room for considerable difference of opinion. 

In this, as in all questions of classification, varying circum- 
stances and the various views taken by different men, will give 
rise to discussions and occasional alterations with respect to 
particular offices. Your acquaintance with what has passed, 



134 FEDEEAL AND UNIFIED CONSTITUTIONS 

and is passing in the mother country, will suggest to you instances 
in which the question has been raised, whether a particular 
office should or should not be a Parliamentary office ; and some 
in which different offices have been deliberately removed from 
the one into the other class. 

The question how many of the public officers in Nova Scotia 
ought to be regarded as political, is one to be determined on the 
general principles I have before laid down, and with reference 
to various considerations arising from the peculiar exigencies of 
the public service, and the finances and social state of the colony. 
The practical end of responsible government would be satisfied 
by the removability of a single public officer, provided that 
through him public opinion could influence the general adminis- 
tration of affairs. Without quite assenting to the too modest 
estimate which your present Council have given of the resources 
of the province, I admit that the smallness of the community, its 
want of wealth, and the comparative deficiency of a class 
possessing leisure and independent incomes, preclude it from, at 
present, enjoying a very perfect division of public employments. 
Small and poor communities must be content to have their work 
cheaply and somewhat roughly done. Of the present members 
of your Council, the Attorney-general and Provincial Secretary, 
to whom the Solicitor-general should perhaps be added, appear 
to me sufficient to constitute the responsible advisers of the 
Governor. The holders of these offices should henceforth regard 
them as held on a political tenure. And, with a view to that 
end, the Provincial Secretary should be prepared, in the event of 
any change, to disconnect from his office that of the clerkship of 
the Council, which seems to be one that should on every account 
be held on a more permanent tenure. 

It is possible that in the event of any change being rendered 
necessary by the course of events in the Provincial Parliament, 
the party succeeding to power might insist on increasing this 
number of political offices, by adding to the list of those to be 
so regarded. In case such a question should arise, I must leave 
it to your discretion, on a view of various local and temporary 
circumstances, which I am unable at present to appreciate, to 



EABL GEEY'S DESPATCHES 135 

should feel no objection to somewhat increasing the number of 
political offices (for instance, by appointing a financial Secretary 
and a responsible Chief of the Department of Public Lands and 
Works), should the expense of doing so, without injustice to 
those now in the public service, be found to be not more than 
the colonial revenue would conveniently bear. But 1 rely on 
your using your influence to resist that disposition, which a 
party succeeding to power often exhibits, to throw open the 
various offices of emolument to their friends, without sufficient 
regard to the mischiefs thereby permanently entailed on the 
public service. And it is but due to what I have seen of the 
conduct of the principal advocates of responsible government in 
Nova Scotia, to express rny reliance on their public spirit and 
sober estimate of their country's position and interests, as the 
most effectual safeguard against any abuse of power. 

There is another safeguard which, even with the less con- 
siderate members of any party, you will, 1 think, find sufficient 
to protect the public interests against any great disposition un- 
necessarily to place offices hitherto held on what has practically 
been a tenure of good behaviour, on one of a more precarious 
nature. However desirous the people of Nova Scotia may be to. 
establish the principle of responsible government, they would, I 
feel assured, shrink from effecting any reform, however just or 
necessary, at the cost of injustice to individuals. Now, when 
individuals have engaged in the public service under a belief, 
sanctioned by custom, that they obtained a tenure of their offices 
during good behaviour, it would be most unjust to change that 
tenure to one of dependence on a Parliamentary majority, with- 
out ensuring them a provision that would make up for the loss 
of official income. I think that the consideration that the im- 
provement grasping at any particular office would necessitate the 
provision of an adequate pension for its occupant, will be a 
salutary check on any disposition to carry party government 
beyond its just limits. 

This condition must he applied to the removal of those public 
officers who now have seats in your Executive Council, unless 
where they have clearly accepted office on an understanding to 
the contrary effect. I cannot suppose that the necessity of 



136 FEDEEAL AND UNIFIED CONSTITUTIONS 

providing the requisite pensions will be deemed by the Assembly 
an unreasonable accompaniment of the establishment of parlia- 
mentary government. And hereafter I think it would be 
proper to recognise as an invariable rule, that no person should 
without such provision be deprived of any office (except upon the 
ground of unfitness or misconduct), unless he had accepted it on 
the distinct understanding that it was to be held virtually, as 
well as nominally, during pleasure. 

I entertain a strong conviction that the adoption of such a 
rule will be found conducive not only to the interests of the 
holders of offices, but also to those of the public, and to a true 
economy of the public money. As I have already observed, it 
is impossible to expect that men of superior capacity will devote 
themselves to the public service unless they are assured that 
their employment will be permanent, or are offered emoluments 
so large as to make up for the uncertainty of the tenure by 
which they are enjoyed. If the emoluments of public employ- 
ments are small, and its tenure at the same time uncertain, a 
strong temptation is given to the holders to endeavour to make 
up for these disadvantages by irregular gains, and thus to give 
rise to practices equally injurious to the community in a pecu- 
niary and in a moral point of view. 

You will observe that, in the preceding observations, I have 
assumed that those only of the public servants, who are to be 
regarded as removable on losing the confidence of the Legislature, 
are to be members of the Executive Council. This I consider 
to follow from the principles I have laid down. Those public 
servants, who hold their offices permanently, must upon that 
very ground be regarded as subordinate, and ought not to be 
members of either house of the Legislature, by which they would 
necessarily be more or less mixed up in party struggles ; and, 
on the other hand, those who are to have the general direction 
of affairs exercise that function by virtue of their responsibility to 
the Legislature, which implies their being removable from office, 
and also that they should be members either of the Assembly or 
of the Legislative Council. But this general direction of affairs, 
and the control of all subordinate officers, it is the duty of the 
Governor to exercise through the Executive Council, hence the 



EARL GREY'S DESPATCHES 137 

seats in that Council must be considered as in the nature of 
political offices, and if held in connection with other offices must 
give to these also a political character. This, however, leads me 
to observe, that if only two or three of the principal offices are 
to be regarded as political, it may very probably be ad\ i sable to 
assign salaries to two or three of the Executive Councillors as 
such. The Executive Council has duties of a very Important 
character to perform ; those duties, and the defects in the 
manner in which they had then generally been discharged, 1 
find thus described in a confidential despatch which the late 
Lord Sydenharn, then Mr. P. Thomson, addressed to Lord J. 
Russell, from Halifax, in the year 1840 : 

" The functions of the Executive Council, on the other hand 
are, it is perfectly clear, of a totally different character. They 
are a body upon whom the Governor must be able to call at any 
or at all times for advice ; with whom he can consult upon the 
measures to be submitted to the Legislature, and in whom he 
may find instruments, within its walls, to introduce such amend- 
ments in the laws as he may think necessary, or to defend his 
acts and his policy. It is obvious, therefore, that those who 
compose this body must be persons whose constant attendance 
on the Governor can be secured ; principally, therefore, officers 
of the Government itself ; but, when it may be expedient to 
introduce others, men holding seats in one or other House, 
taking a leading part in political life, and, above all, exercising 
influence over the Assembly. 

" The last, and, in my opinion, by far the most serious defect 
in the Government is the utter absence of power in the Executive, 
and its total want of energy to attempt to occupy the attention 
of the country upon real improvements, or to lead the Legislature 
in the preparation and adoption of measures for the benefit of 
the colony. It does not appear to have occurred to any one 
that it is one of the first duties of the Government to suggest 
improvements where they are wanted. That the constitution 
having placed the power of legislation in the hands of an 
Assembly and a Council, it is only by acting through these 
bodies that this duty can be performed, and that if these proper 



138 FEDERAL AND UNIFIED CONSTITUTIONS 

and legitimate functions of Government are neglected, the 
necessary result must be, not only that the improvements which 
the people have a right to expect will be neglected, and the 
prosperity of the country checked, but that the popular branch 
of the Legislature will misuse its power, and the popular mind 
be easily led into excitement upon mere abstract theories of 
government, to which their attention is directed as the remedy 
for the uneasiness they feel." 

In this view of the proper functions of the Executive Council 
I entirely concur ; but I greatly doubt whether they could be 
adequately discharged by a Council composed of only two or 
three persons holding offices in the public service, and of gentle- 
men serving gratuitously. It is hardly possible to expect that 
those so serving should devote any large portion of their time 
to their public duties, and it therefore appears to me highly 
desirable that salaries should be assigned to at least one or two 
seats in the Executive Council. 

On such terms as these, which I have thus detailed, it appears 
to me that the peculiar circumstances of Nova Scotia present no 
insuperable obstacle to the immediate adoption of that system of 
parliamentary government which has long prevailed in the mother 
country, and which seems to be a necessary part of representative 
institutions in a certain stage of their progress. 

I have thought it due to you to enter thus fully into the 
practical difficulties to be encountered in giving effect to those 
general principles which, in my despatch of 3rd of November, I 
laid down for your guidance in the selection of your responsible 
advisers. I am in hopes that the present despatch will leave 
you in no doubt as to the course to be pursued by you in the 
event of any changes of which you may anticipate the con- 
tingency. I owed it to you to make myself clearly understood 
on this point ; and I trust that what I have now said, will be 
regarded by your Council as amounting to such a declaration of 
my views as was requested by them in their letter of the 30th 
January. 

I have, &c., 
(Signed) GREY. 



ACT OF PARLIAMENT ESTABLISHING MUNI- 
CIPAL CORPORATIONS, ETC., IN NEW ZEA- 
LAND. 28 AUGUST, 1846. 

[9 & 10 Viet. cap. 103. " Statutes at Large."] 

AN Act to make further Provision for the Government of 
the New Zealand Islands. [28th August 1846.] 

I. [Recited Act (3 and 4 Viet. c. 62) and Letters Patent 
(dealing with the early government of the Islands and 
their separation from New South Wales) repealed so far 
as they are repugnant to this Act.] 

II. And be it enacted, That it shall be lawful for Her Tier Majesty 
Majesty, in and by any Letters Patent hereafter to be ^ ^ LetterH 
issued under the Great Seal of the United Kingdom, from establish 
Time to Time to constitute and establish within any ^"^atioiiH 
District or Districts of the Islands of New Zealand One m the islands 
or more Municipal Corporation or Corporations, and *o ^-aiand 
grant to any such Corporations all or any of the powers 

which, in pursuance of the Statutes in that Behalf made 
and provided, it is competent to Her Majesty to grant to 
the Inhabitants of any Town or Borough in England and 
Wales incorporated in virtue of such statutes, or any of 
them, and to qualify and restrict the Exercise of any such 
Powers in such and the same manner as by the Statutes 
aforesaid, or any of them, Her Majesty may qualify or 
restrict the Exercise of any such Powers as aforesaid in 
England. Her Ma)esty 

III. And be it enacted, That it shall be lawful for Her may by Letters 
Majesty, in and by any Letters Patent hereafter to be Jj**^ 1 ^ 8 

issued under the Great Seal of the United Kingdom, from into Provinces, 

and establish 
1^9 separate 

Assemblies. 



140 FEDEBAL AND UNIFIED CONSTITUTIONS 



Legislative 



to be elected 



Time to Time to divide the said Islands of New Zealand 
into two or more separate Provinces, and to constitute and 
establish within the same Two or more separate Assemblies ; 
(that is to say), One such Assembly in and for each of such 
separate Provinces, and that each of the said Assemblies 
shall consist ot and be holden by a Governor, a Legislative 
Council, and a House of Kepresentatives. 

IV. And be it enacted, That each of the said Legislative 
6 Councils, wnen sucla Legislative Councils shall be con- 

er Majesty ; stituted, shall consist of such Persons as Her Majesty shall 
^ or ^ at Purpose appoint ; and that the Members of each 
of the said Houses of Eepresentatives shall be elected by 
*ke res P ec tive Mayors, Aldermen, and Common Councils 
of the several Municipal Corporations aforesaid, situate 
within the Limits of the Government for which each of 
the said Houses of Kepresentatives respectively shall be so 
elected, and that such Elections shall take place in such 
Manner and Form and under such Eegulations as shall for 
that purpose be prescribed in any such Letters Patent as 
aforesaid. 

V. And be it enacted, That it shall be competent for 
for an Y sucn Assembly so to be constituted and established 

within the Islands of New Zealand, and they are hereby 
authorized and empowered (save as herein-after is tx- 
which they are cepted), to make and enact Laws, Statutes, and Ordinances 
Cons i uted. Qr ^ Q Peace, Order, and good Government of such Parts 
of the said Islands as shall be within the limits of any 
separate Province for which any such Assembly shall be 
so constituted and established as aforesaid, such Laws not 
being repugnant to the laws of the United Kingdom afore- 
said, or to the laws of the General Assembly herein-after 
mentioned. 

Her Majesty VI. And be it enacted, That it shall be lawful for 
Parent 7 Lett6rS Her Majesty, in and b y an Y sucn Letters Patent as afore- 
establish a said, to constitute and establish a General Assembly in and 
Assembly for * or * ne Islands of New Zealand, to be called the General 
the Islands. Assembly of New Zealand, which said General Assembly 



Assemblies 



the Govern- 
Provincefor 



GOVEENMENT OF NEW ZEALAND 141 

shall consist of and be holden by the Governor in Chief of 
the said Islands, and a Legislative Council, and a House 
of Eepresentatives ; and that the said Legislative Council 
shall consist of such Persons as Eter Majesty shall for 
that Purpose appoint ; and that the said House of Eepre- 
sentatives shall consist of Members of the respective 
Houses of Eepresentatives of the several Provinces into 
which the said Islands may in manner aforesaid be divided, 
which Members so to serve in the said General Assembly 
shall be elected, nominated, and appointed by such 
Persons, and in such Manner and Form, and upon and 
subject to such Eules and Conditions, as Her Majesty by 
any such Letters Patent as aforesaid shall direct. 

VII. And be it enacted, That it shall be competent to General 
the said General Assembly of the New Zealand Islands, 
and they are hereby authorized and empowered, to make Laws for 
and enact such Laws, Statutes, and Ordinances as may be *? t 
required for all or any of the Purposes after mentioned ; 
(that is to say,) first, for the Eegulation of all Duties of 
Customs to be imposed on the Importation or Exportation 
of any Goods at any Port or Place in the New Zealand 
Islands ; and secondly, for the Establishment of a General 
Supreme Court, to be a Court of original Jurisdiction or 
of Appeal from any of the Superior Courts of any such 
separate Provinces as aforesaid ; and thirdly, for deter- 
mining the Extent of the Jurisdiction and the Course and 
Manner of Proceeding of such General Supreme Court ; 
and fourthly, for regulating the Current Coin of the said 
islands, or the Issue therein of any Bills, Notes, or other 
Paper Currency ; and fifthly, for determining the Weights 
and Measures to be used therein ; and sixthly, for regulat- 
ing the Post Offices within and the Carriage of Letters 
between different Parts of the said Islands ; and seventhly, 
for establishing general Laws of Bankruptcy and In- 
solvency to be in force throughout the same ; and eighthly, 
for the Erection and Maintenance of Beacons and Light- 
houses on the Coasts of the said Islands ; and ninthly, for 



142 FEDEEAL AND UNIFIED CONSTITUTIONS 

the Imposition of any Dues or other Charges on Shipping 
at any Port or Harbour within the same. 

Laws of VIII. And be it enacted, That the Laws so to be 

Assembly to enacted as aforesaid, for any of the Purposes aforesaid, by 
supersede those the said General Assembly of the New Zealand Islands, 
enacted by s h a n control and supersede therein any Laws, Statutes, or 

separate *- m 

Provinces. Ordinances in anywise repugnant thereto which may be 
If Questions enacted by the Assemblies of any such separate Provinces 
Power 8 etc th of as aforesaid; and that if any Questions shall arise regard- 
General ' ing the Limits of the Authority and Jurisdiction of the 
M^esfyto ^ said General Assembly of the New Zealand Islands, and 
determine the Authority and Jurisdiction of the said other Assemblies, 
same. a jj Courts, Officers of Justice, and others shall conform and 

give Effect to the Decision of the said General Assembly 
of the New Zealand Islands on any such Question, until 
the Decisions thereon of Her Majesty in Council shall 
have been made known and promulgated within the 
said Islands, by which Decision any such Questions as 
aforesaid shall thenceforward be determined within the 
same. 

IX. [Until 31st Dec., 1854, the Charter, etc., of 
16th Nov., 1841, relating to New Ulster to remain in 
force.] 

Laws of X. " And whereas it may be expedient that the Laws, 

aboriginal or Customs, and Usages of the aboriginal or native Inhabi- 
Tnhabitants to tants of New Zealand, so far as they are not repugnant to 
be maintained, ^ e general Principles of Humanity, should for the present 
repugnant to be maintained for the Government of themselves in all 
tne ^ r Relations to and Dealings with each other, and that 
particular Districts should be set apart within which such 
Laws, Customs, or Usages should be so observed; " be it 
enacted, That it shall be lawful for Her Majesty, by any 
such Letters Patent as aforesaid, to make Provision for 
the Purposes aforesaid ; any Repugnancy of any such 
native Laws, Customs, or Usages to the Law of England, 
or to any Law, Statute, or Usage in force in the said 
Islands of New Zealand', or in any Part thereof, in any- 
wise notwithstanding. 



GOVEKNMENT OF NEW ZEALAND 143 

XI. And be it enacted, That it shall be lawful for Her Her Majesty 
Majesty, by any such Letters Patent as aforesaid, to make patenf 
and prescribe all such Eules as to Her Majesty shall seem and prescribe 
fit for determining the Extent and Boundaries of the S ules , *? fl 

*-* t t IvC^lUailOIlX 

Districts to be comprised within any such Municipal for Municipal 
Corporations as aforesaid, and for regulating the Choice I)istrictSi 
and Election of the various Officers of any such Corpora- 
tions, and of the Members of the Governing Bodies thereof, 
and for ascertaining the Qualifications of the Members of 
any such Municipal Corporations or Assemblies or General 
Assembly as aforesaid, and for determining the Length of 
Time for which every such Assembly or General Assembly 
shall be holden from the Time of the Election of the 
Members of the said Houses of Representatives, and how 
and by what Authority the same shall be dissolved or 
prorogued, and for prescribing the Oaths to bo taken or 
the Affirmation to be made by the Members of the said 
Corporations, Assemblies, or General Assembly, or any of 
them, before entering on the Discharge of the Duties of 
their Eespective Offices, and for prescribing the Course of 
Proceeding to be followed in the said respective Assemblies 
and in the said General Assembly in regard to the Enact- 
ment of Laws, Statutes, and Ordinances therein, and for 
determining in what Cases the Governor in Chief for the 
Time being of the Islands of New Zealand, or the Governor 
for the Time being of any other such separate Provinces 
as aforesaid, shall, in the Name and on the Behalf of Her 
Majesty, assent to any such Laws, Statutes, or Ordinances, 
or reserve the Signification of Her Majesty's Pleasure 
thereon, together with all such Rules as shall be necessary 
for determining the Effect of the Disallowance by Her 
Majesty of any such Law, Statute, or Ordinance, although 
not so reserved as aforesaid, together with all such other 
Rules, not being repugnant to this present Act, as it may 
seem to Her Majesty necessary to make and establish 
for carrying into full Effect the Purposes and Objects 
thereof. 

XII. And be it enacted, That it shall be lawful for Her 



144 FEDERAL AND UNIFIED CONSTITUTIONS 

Her Majesty Majesty, by any such Letters Patent as aforesaid, to 

TOiate andset appropriate and set apart, from and out of the Eevenues of 

apart out of the any such separate Provinces as aforesaid, by way of Civil 

a^yteparate ^ist, ^ or tne Maintenance of the Administration of Justice, 

Province a and the principal Officers of the Civil Government, or of 

^orlhe Money such separate Provinces as aforesaid, such sums of Money 

Maintenance of as shall not exceed Six thousand Pounds by the Year in 

Government an y one ^ ^ e sa ^ separate Governments : Provided 

always, that if by any Law, Statute or Ordinance hereafter 

to be enacted in and by any such Assembly as aforesaid, 

and assented to by Her Majesty, Provision shall be made 

for settling on Her Majesty a Civil List in substitution for 

the before-mentioned Civil List, then and in that Case so 

much of this Act as relates to the before-mentioned Civil 

List shall cease to be of any Force and Effect within the 

Province in and for which any such Law, Statute, or 

Ordinance shall so have been enacted. 

Grants of XIII. And be it enacted, That it shall be lawful for 

^rAss?mf)i 6 ie^ Her Majesty, by such Letters Patent as aforesaid, to pro- 

not having been hibit the Grant or Appropriation of any public Money by 

mendedbyHer eitlier of the sai(i Assemblies, or by the said General 

Majesty, Assembly, in any case in which such Grant or Appropria- 

pro ted. tion shall not first have been recommended by Her 

Majesty or on Her Majesty's behalf, with a view to or in 

aid of some specific public Service to be performed within 

the said Provinces respectively, or within the said Islands 

of New Zealand collectively. 

Certain XIV. " And whereas it may be convenient that some 

taH" 8 M^y of the Bowers hereby vested in Her Majesty should by 
may be Her Majesty be executed, not by means of such Letters 

GwSnOT8of Patent as aforesaid, but by instructions under Her 
the New Majesty's Signet and Sign Manual approved in Her Privy 
Council, and accompanying or referred to in such Letters 
Patent : And whereas it may also be convenient that the 
Exercise of some of the Powers aforesaid, should by Her 
Majesty be delegated to the Governor in Chief of the New 
Zealand Islands for the Time being, or to the respective 
Governors of the said respective Provinces for the Time 



GOVEKNMENT OF NEW ZEALAND 145 

being, and that it should be competent to Her Majesty 
from Time to Time to amend, and for that Purpose to 
add to, or if necessary to repeal, any such Letters Patent 
or Instructions as aforesaid ; " be it therefore enacted, 
That it shall be lawful for Her Majesty to execute any of 
the Powers hereby vested in Her Majesty, not by moans 
of such Letters Patent as aforesaid, but by such Instruc- 
tions as aforesaid ; and that it shall be lawful for Her 
Majesty, by any such Letters Patent or Instructions, to 
delegate to such Governor in Chief, or to such respective 
Governors as aforesaid, the Exercise of such of the 
Powers aforesaid as it may seem meet to Her Majesty 
so to delegate, and to prescribe the Manner and Form 
in which, and the Conditions subject to which, such 
delegated Authority shall so be exercised ; and that it 
shall also be lawful for Her Majesty from Time to Time 
to amend, and for that Purpose to add to, or if necessary 
to repeal, any such Letters Patent or Instructions as 
aforesaid. 

XV. [Letters Patent issued under this Act to be pub- 
lished in the London Gazette and laid before Parliament. 
Letters Patent issued after 31 December, 1847, and amend- 
ing previous Letters Patent, to be of no effect until the 
lapse of six months after they have been laid before 
Parliament.] 

XVI. And be it enacted, That for the Purpose of this Who are to bu 
present Act the Officer for the Time being administering, G^^ in 
in virtue of Her Majesty's Commission for that Purpose, Chief and 
the general Government of the Islands of New Zealand} of * 
shall be considered as the Governor in Chief of New 
Zealand; and that the Officer for the Time being ad- 
ministering, in virtue of Her Majesty's Commissions for 

that Purpose, the respective Governments of any such 
separate Province as aforesaid shall be considered as the 
Governor of such Province. 

XVII. [Act may be amended, etc. (in present session 
of Parliament).] 

10 



146 FEDEEAL AND UNIFIED CONSTITUTIONS 

ACT OF PABLIAMENT ESTABLISHING PEOVIN- 
CIAL COUNCILS AND A GENEEAL ASSEMBLY 
IN NEW ZEALAND. 30 JUNE, 1852. 

[15 & 16 Viet., cap. 72. " Statutes at Large."] 
AN Act to grant a Eepresentative Constitution to the 
Colony of New Zealand. [30 June 1852.] 



Certain 



I in 
New Zealand. 



Each Province 
to have a 
Superintendent 



II. The following Provinces are hereby established in 
^ ew ^ eo ^ an ^ > namely, Auckland, New Plymouth, Welling- 
ton, Nelson, Canterbury, and Otago ; and the Limits of 
such several Provinces shall be fixed by Proclamation by 
the Governor as soon as conveniently may be after the 
Proclamation of this Act in New Zealand. 

III. For each of the said Provinces hereby established, 
i erintendent an( ^ ^ or eve3 T Province hereafter to be established as 

and Provincial herein-after provided, there shall be a Superintendent and 
Council. a Provincial Council, and the Provincial Council of each 

of the said Provinces hereby established shall consist of 
such Number of Members, not less than Nine, as the 
Governor shall by Proclamation direct and appoint. 



Duration of 

Provincial 

Council. 

Dissolution. 



XIII. Every Provincial Council shall continue for the 
Period of Four Years from the Day of the Eeturn of the 
Writs for choosing the same, and no longer : Provided 
always, that it shall be lawful for the Governor, by Pro- 
clamation or otherwise, sooner to dissolve the same, when- 
ever he shall deem it expedient so to do. 



Convening of 
Council. 



XV. It shall be lawful for the Superintendent, by Pro- 
clamation in the Government Gazette, to fix such Place or 
Places within the Limits of the Province, and such Times 
for holding the first and every other Session of the Pro- 
vincial Council, as he may think fit, and from Time to 
Time, in manner aforesaid, to alter and vary such Times 
and Places as he may judge advisable, and most^consistent 
with general Convenience. 



PROVINCIAL COUNCILS IN NEW ZEALAND 147 

XVI. It shall be lawful for the Superintendent to Prorogation, 
prorogue such Council from Time to Time, whenever he 

shall deem it expedient so to do. 

XVII. Provided always, That there shall be a Session A Session to be 
of every Provincial Council once at least in every Year, so y^y 6 ^^ 
that a greater Period than Twelve Calendar Months shall 

not intervene between the last Sitting of the Council in 
one Session and the First Sitting of the Council in the 
next Session. 

XVIII. It shall be lawful for the Superintendent of Superintendent 
each Province, with the Advice and Consent of the^ n ^ v ^ al 
Provincial Council thereof, to make and ordain all make Laws, 
such Laws and Ordinances (except and subject as here- 
inafter mentioned) as may be required for the Peace, 

Order, and good Government of such Province, pro- 
vided that the same be not repugnant to the Law of 
England. 

XIX. It shall not be lawful for the Superintendent Restrictions on 
and Provincial Council to make or ordain any Law or { 
Ordinance for any of the Purposes herein-after mentioned ; 

(that is to say,) 

1. The Imposition or Kegulation of Duties of Customs 
to be imposed on the Importation or Exportation of any 
Goods at any Port or Place in the Province : 

2. The Establishment or Abolition of any Court of 
Judicature of Civil or Criminal Jurisdiction, except Courts 
for trying and punishing such Offences as by the Law of 
New Zealand are or maybe made punishable in a Summary 
Way, or altering the Constitution, Jurisdiction, or Practice 
of any such Court, except as aforesaid : 

3. Regulating any of the current Coin, or the Issue of 
any Bills, Notes, or other Paper Currency : 

4. Regulating the Weights and Measures to be used 
in the Province or in any Part thereof : 

5. Regulating the Post Offices and the Carriage of 
Letters within the Province : 

6. Establishing, altering, or repealing Laws relating to 
Bankruptcy or Insolvency : 

10* 



148 FEDEEAL AND UNIFIED CONSTITUTIONS 

7. The Erection and Maintenance of Beacons and 
Lighthouses on the Coast : 

8. The Imposition of any Dues or other Charges on 
Shipping at any Port or Harbour in the Province : 

9. Begulating Marriages : 

10. Affecting Lands of the Crown, or Lands to which 
the Title of the aboriginal native Owners has never been 
extinguished : 

11. Inflicting any Disabilities or Eestrictions on Per- 
sons of the Native Kace to which Persons of European 
Birth or Descent would not also be subjected : 

12. Altering in any way the Criminal Law of New 
Zealand, except so far as relates to the Trial and Punish- 
ment of such Offences as are now or may by the Criminal 
Law of New Zealand be punishable in a summary Way as 
aforesaid : 

13. Eegulating the Course of Inheritance of Ecal or 
Personal Property, or affecting the Law relating to Wills. 

Appropriation XXV. It shall not be lawful for any Provincial Council 
Money Ue f to P ass > or for fche Superintendent to assent to, any Bill 
appropriating any Money to the Public Service, unless the 
Superintendent shall first have recommended to the 
Council to make Provision for the specific Service to 
which such Money is to be appropriated; and no such 
Money shall be issued or be made issuable, except by 
Warrants to be granted by the Superintendent. 

Superintendent XXVI. It shall be lawful for the Superintendent to 

D^fts o^Laws transmit to tne Provincial Council, for their Consideration, 

for Considera- the Drafts of any such Laws or Ordinances as it may ap- 

tion of Council. pear to him desirable to introduce, and all such Drafts 

shall be taken into consideration in such convenient 

Manner as in and by such Eules and Orders as aforesaid 

shall be in that Behalf provided. 

Giving or with- XXVII. Every Bill passed by the Provincial Council 

to BLUs ASSent slia11 be P resented to tne Superintendent for the Governor's 

Assent, and the Superintendent shall declare, according 

to his Discretion, (but subject nevertheless to the Pro- 



PEOVINCIAL COUNCILS IN NEW ZEALAND 149 

visions herein contained and to such Instructions as may 
from Time to Time be given him by the Governor,) that 
he assents to such Bill on behalf of the Governor, or that 
he withholds the Assent of the Governor, or that he rcsei ves 
such Bill ior the Signification of the Governor's Pleasure 
thereon ; provided always, that it shall and may be lawful 
for the Superintendent, before declaring his Pleasure in 
regard to any Bill so presented to him, to make such 
Amendments in such Bill as he thinks needful or expedient, 
and to return such Bill with such Amendments to such 
Council, and the Consideration of such Amendments by 
such Council shall take place in such convenient manner 
as shall in and by the Rules and Orders aforesaid be in 
that Behalf provided ; provided also, that all Bills altering 
or affecting the Extent of the several Electoral Districts 
which shall be represented in the Provincial Council, or 
establishing new or other such Electoral Districts, or 
altering the Number of Members of such Council to be 
chosen by the said Districts respectively, or altering the 
Number of the Members of such Council, or altering the 
Limits of any Town or establishing any new Town, shall 
be so reserved as aforesaid. 

XXVIII. Whenever any Bill shall have been assented Copies of Bills 
to by the Superintendent as aforesaid, the Superintendent ^vfj^t to 
shall forthwith transmit to the Governor an authentic Governor. 
Copy thereof. 

XXIX. It shall be lawful for the Governor at any Disallowance 
Time within Three Months after any such Bill shall have of Bil . ls . . 

. , J -n . i TN- assented to. 

been received by him to declare by Proclamation his Dis- 
allowance of such Bill, and such Disallowance shall make 
void and annul the same from and after the Day of the 
Date of such Proclamation or any subsequent Day to be 
named therein. 

XXX. No Bill which shall be reserved for the Signifi- NO Bill to have 
cation of the Assent of the Governor shall have any Force ^r^ 

or Authority within the Province until the Superintendent Governor. 
shall signify either by Speech or Message to the Provincial 
Council, or by Proclamation in the Government Gazette, 



150 FEDEKAL AND UNIFIED CONSTITUTIONS 

that such Bill has been laid before the Governor, and that 
the Governor has assented to the same ; and an Entry 
shall be made in the Journals of the Provincial Council of 
every such Speech, Message, or Proclamation, and a 
Duplicate thereof, duly attested, shall be delivered to the 
Kegistrar of the Supreme Court, or other proper Officer, to 
be kept among the Eecords of the Province ; and no Bill 
which shall be so reserved as aforesaid shall have any 
Force or Authority within the Province unless the Assent 
of the Governor thereto shall have been so signified as 
aforesaid within Three Months next after the Day on 
which such Bill shall have been presented to the Super- 
intendent for the Governor's Assent. 

Governor may XXXI. It shall be lawful for the Governor from Time 
Instructions to to ^ me to transmit to the Superintendent of any Province, 
Superintendent for his Guidance in assenting to or withholding Assent from 
Bilk> or res erving the same for the Signification of the 
Governor's Pleasure thereon, such Instructions as to the 
Governor shall seem fit, and it shall be the Duty of the 
Superintendent to act in obedience to such Instructions, 
Establishment XXXII. There shall be within the Colony of New 
A s G u? eral Zealand a General Assembly, to consist of the Governor, 

a Legislative Council, and House of Eepresentatives. 
Appointment XXXIII. For constituting the Legislative Council of 
New 2ealand ' li sha11 be lawful for Her Majesty before the 



Council. Time to be appointed for the First Meeting of the General 
Assembly, by an Instrument under Her Eoyal Sign Manual, 
to authorize the Governor in Her Majesty's Name to 
summon to the said Legislative Council such Persons, 
being not less in Number than Ten, as Her Majesty shall 
think fit ; and it shall also be lawful for Her Majesty from 
Time to Time in like Manner to authorize the Governor 
to summon to the said Legislative Council such other Per- 
son or Persons as Her Majesty shall think fit, either for 
supplying any Vacancy or Vacancies or otherwise, and 
every Person who shall be so summoned shall thereby be- 
come a Member of the said Legislative Council : Provided 



PEOVINCIAL COUNCILS IN NEW ZEALAND 151 

lative Council who shall not be of the full Age of Twenty- 
one Years, and a natural born Subject of Her Majesty, or 
a Subject of Her Majesty naturalized by Act of Parliament, 
or by an Act of the Legislature of New Zealand. 

XL. For the Purpose of constituting the House of Power to 
Kepresentatives of New Zealand it shall be lawful for the H^STof * 
Governor, within the Time hereinafter mentioned, and Representatives 
thereafter from Time to Time as Occasion shall require, ^^[n^ a ' 
by Proclamation in Her Majesty's Name, to summon and Majesty's 
call together a House of Eepresentatives in and for New^ Ame ' 
Zealand, such House of Eepresentatives to consist of such 
Number of Members, not more than Forty-two nor less 
than Twenty-four, as the Governor shall by Proclamation 
in that Behalf direct and appoint ; and every such House 
of Representatives shall, unless the General Assembly 
shall be sooner dissolved, continue for the Period of Five 
Years from the Day of the Eeturn of the Writs for choos- 
ing such House, and no longer. 

XLII. The Members of the said House of Eepresenta- Qualification of 
tives to be chosen in every Electoral District appointed MemberTof 
for that Purpose shall be chosen by the Votes of the House of 
Inhabitants of New Zealand who shall possess within such ^eg esenta " 
District the like Qualifications which, when possessed 
within an Electoral District appointed for the Election of 
Members of a Provincial Council, would entitle Inhabitants 
of the Province to vote in the Election of Members of the 
Provincial Council thereof, and who shall be duly registered 
as Electors ; and every Person legally qualified as such 
Elector shall be qualified to be elected a Member of the 
said House. 

LIII. It shall be competent to the said General Power of 
Assembly (except and subject as herein-after mentioned) 2^embiy to 
to make Laws for the Peace, Order, and good Government make Laws. 
of New Zealand, provided that no such Laws be repugnant 
to the Law of England ; and the Laws so to be made by 



152 FEDEEAL AND UNIFIED CONSTITUTIONS 

the said General Assembly shall control and supersede any 
Laws or Ordinances in anywise repugnant thereto which 
may have been made or ordained prior thereto by any 
Provincial Council ; and any Law or Ordinance made or 
Ordained by any Provincial Council in pursuance of the 
Authority hereby conferred upon it, and on any Subject 
whereon under such Authority as aforesaid it is entitled to 
legislate, shall, so far as the same is repugnant to or 
inconsistent with any Act passed by the General Assembly, 
be null and void. 

As to the Ap- LIV. It shall not be lawful for the House of Eepresenta- 
propriation and t j yeg or fo e Legislative Council to pass, or for the Governor 

Issue of Money. ^.,, . . , ,, -^ i i> n 

to assent to any Bill appropriating to the Public bervice 

any Sum of Money from or out of Her Majesty's Eevenue 
within New Zealand, unless the Governor on Her Majesty's 
Behalf shall first have recommended to the House of 
representatives to make Provision for the Specific Public 
Service towards which such Money is to be appropriated, 
and (save as herein otherwise provided) no Part of Her 
Majesty's Eevenue within New Zealand shall be issued 
except in pursuance of Warrants under the Hand of the 
Governor directed to the public Treasurer thereof. 
Governor may LV. It shall and may be lawful for the Governor to 
? n i mit , T transmit by Message to either the said Legislative Council 

Dratts of Lav s . . , J __ i. T ,, LI r\ -j 

to either or the said House of Representatives lor their Considera- 
House. tjj on the Drafts of any Laws which it may appear to him 

desirable to introduce, and all such Drafts shall be taken 
into consideration in such convenient Manner as shall in 
and by the Eules and Orders aforesaid be in that Behalf 
provided. 

Governor may LVI. Whenever any Bill which has been passed by 

assent to, t ne ga ^ Legislative Council and House of Eepresentatives 

or reserve Bills, shall be presented for Her Majesty's Assent to the 

Governor, he shall declare according to his Discretion, 

but subject nevertheless to the Provisions contained in 

this Act and to such Instructions as may from Time to 

Time be given in that Behalf by Her Majesty, Her Heirs 

or Successors, that he assents to such Bill in Her 



PEOVINCIAL COUNCILS IN NEW ZEALAND 153 

Majesty's name, or that he refuses his Assent to such 
Bill, or that he reserves such Bill for the Signification of 
Her Majesty's Pleasure thereon ; provided always, that it 
shall and may be lawful for the Governor, before declar- 
ing his Pleasure in regard to any Bill so presented to him, 
to make such Amendments in such Bill as he thinks 
needful or expedient, and by Message to return such Bill 
with such Amendments to the Legislative Council or the 
House of Eepresentatives as he shall think the more 
fitting, and the Consideration of such Amendments by 
the said Council and House respectively shall take place 
in such convenient Manner as shall in and by the Eules 
and Orders aforesaid be in that Behalf provided. 

LVII. It shall be lawful for Her Majesty, with the Governor to 
Advice of Her Privy Council, or under Her Majesty's J^^ s 
Signet and Sign Manual, or through one of Her Principal transmitted by 
Secretaries of State, from Time to Time to convey to the Hcr Ma .i est y-' 
Governor of New Zealand such Instructions as to Her 
Majesty shall seem meet, for the Guidance of such 
Governor, for the Exercise of the Powers hereby vested 
in him of assenting to or dissenting from or for reserving 
for the Signification of Her Majesty's Pleasure Bills to be 
passed by the said Legislative Council and House of Ee- 
presentatives ; and it shall be the Duty of such Governor 
to act in obedience to such Instructions. 

LVIII. Whenever any Bill which shall have been pre- As to Dis- 
sented for Her Majesty's Assent to the Governor shall by ^Majesty of 
such Governor have been assented to in Her Majesty's Bills assented 
Name, he shall by the first convenient opportunity trans- Governor 
mit to one of Her Majesty's Principal Secretaries of State 
an authentic Copy of such Bill so assented to ; and it 
shall be lawful, at any Time within Two Years after such 
Bill shall have been received by the Secretary of State, for 
Her Majesty, by Order in Council, to declare Her Dis- 
allowance of such Bill ; and such Disallowance, together 
with a Certificate under the Hand and Seal of the Secre- 
tary of State certifying the Day on which such Bill was 
received as aforesaid, being signified by the Governor to 



154: FEDEEAL AND UNIFIED CONSTITUTIONS 

the said Legislative Council and House of Eepresentatives 
by Speech or Message, or by Proclamation in the Govern- 
ment Gazette, shall make void and annul the same from 
and after the Day of such Signification. 

No reserved LIX. No Bill which shall be reserved for the Signifi- 

pSc^uuS anycationof Her Majesty's Pleasure thereon shall have any 
assented to by Force or Authority within New Zealand until the Governor 
Her Majesty, gj^y s ig n if V) either by Speech or Message to the said 
Legislative Council and House of Eepresentatives, or by 
Proclamation, that such Bill has been laid before Her 
Majesty in Council, and that Her Majesty has been pleased 
to assent to the same ; and an Entry shall be made in the 
Journals of the said Legislative Council and House of 
Eepresentatives of every such Speech, Message, or Pro- 
clamation, and a Duplicate thereof, duly attested, shall be 
delivered to the Eegistrar of the Supreme Court, or other 
proper Officer, to be kept among the Eecords of New Zea- 
land ; and no Bill which shall be so reserved as aforesaid 
shall have any Force or Authority within New Zealand, 
unless Her Majesty's Assent thereto shall have been so 
signified as aforesaid within the Space of Two Years from 
the Day on which such Bill shall have been presented for 
Her Majesty's Assent to the Governor as aforesaid. 

Her Majesty LXXI. And whereas it may be expedient that the 

Eaws^f 186 Laws, Customs, and Usages of the aboriginal or native 
aboriginal Inhabitants of New Zealand, so far as they are not re- 
iS P u g nant to the general Principles of Humanity, should for 
the present be maintained for the Government of them- 
selves, in all their Eelations to and Dealings with each 
other, and that particular Districts should be set apart 
within which such Laws, Customs, or Usages should be 
so observed : 

It shall be lawful for Her Majesty, by any Letters 
Patent to be issued under the Great Seal of the United 
Kingdom, from Time to Time to make Provision for the 
Purposes aforesaid, any Eepugnancy of any such native 
Laws, Customs, or Usages to the Law of England, or to 



PBOVINCIAL COUNCILS IN NEW ZEALAND 155 

any Law, Statute, or Usage in force in New Zealand, or 
in any Part thereof, in anywise notwithstanding. 

LXXIII. It shall not be lawful for any person other Saving as to 
than Her Majesty, Her Heirs or Successors, to purchase aboriginal 
or in anywise acquire or accept from the aboriginal native Tribes. 
Natives Land of or belonging to or used or occupied by 
them in common as Tribes or Communities, or to accept 
any Eelease or Extinguishment of the Eights of such 
aboriginal Natives in any such Land as aforesaid ; and 
no Conveyance or Transfer, or Agreement for the Con- 
veyance or Transfer, of any such Land, either in per- 
petuity or for any Term or Period, either absolutely or 
conditionally, and either in Property or by way of Lease 
or Occupancy, and no such Release or Extinguishment as 
aforesaid, shall be of any Validity or Effect unless the 
same be made to, or entered into with, and accepted by 
Her Majesty, Her Heirs or Successors : Provided always, 
that it shall be lawful for Her Majesty, Her Heirs and 
Successors, by Instructions under the Signet and Eoyal 
Sign Manual, or signified through one of Her Majesty's 
Principal Secretaries of State, to delegate Her Powers of 
accepting such Conveyances or Agreements, Eeleases or 
Eelinquishments, to the Governor of New Zealand, or the 
Superintendent of any Province within the Limits of such 
Province, and to prescribe or regulate the Terms on which 
such Conveyances or Agreements, Eeleases or Extinguish- 
ments, shall be accepted. 



CONSTITUTION OF THE CONFEDERATE STATES OF 
AMEEICA. 11 MARCH, 1861. 

["British and Foreign State Papers," vol. 51, 1860-1861, pp. 879-892. 
Portions of this Constitution which are almost exactly similar to 
the corresponding passages in the Constitution of the United States, 
1787, are summarised with the appropriate references to the latter 
for purposes of comparison. New or amended articles are given 
in full.] 

WE, the people of the Confederate States, each State acting 
in its sovereign and independent character, in order to form a 
permanent Federal Government, establish justice, insure domestic 
tranquillity and secure the blessings of liberty to ourselves and 
our posterity invoking the favour and guidance of Almighty 
God do ordain and establish this Constitution for the Con- 
federate States of America. 

Article I. Sect. i. [Establishment of bicameral legislature 
(U.S. Constitution, Art. I, sect, i).] 

Sect. ii. 1. [Provision for the duration of the House of Repre- 
sentatives and for the electoral franchise (U.S., I, ii, 1)] but 
no person of foreign birth, not a citizen of the Confederate States, 
shall be allowed to vote for any offices, civil or political, State or 
federal. 

2. [Qualifications for a Eepresentative (U.S., I, ii, 2).] 

3. [Apportionment of Kepresentatives and direct taxes. 
Enumeration of all free persons and three fifths of all slaves 
every 10 years. Quota at least 50,000 (U.S., I, ii, 3).] 

4. [Executive of each State to issue writs when vacancies 
occur (U.S., I, ii, 4).] 

5. [The House of Representatives to choose its own officers 
and to have sole powers of impeachment (U.S., I, ii, 5)] ; except 
that any judicial or other Federal officer, resident and acting 

156 



CONSTITUTION OF THE CONFEDERATE STATES 157 

solely within the limits of any State, may be impeached by a vote 
of two thirds of both branches of the Legislature thereof. 

Sect. iii. 1. [Provision for the selection of Senators (U.S., 
I, iii, 1).] 

2. [Provision for the division of Senators into classes and for 
the filling of vacancies which occur during recess of State legis- 
lature (U.S., I, iii, 2).] 

3. [Qualifications for a Senator (U.S., I, iii, 3).] 

4. [Vice-President to be President of Senate (U.S., T, iii, 4). 

5. [Senate to elect other officers (U.S., I, iii, 5).] 

6. [Senate to try impeachments. If President accused, Chief 
Justice to preside (U.S., I, iii, 6).] 

7. [Maximum penalty for impeachment to be loss of and 
disqualification for office (U.S., I, iii, 7).] 

Sect. iv. 1. The times, places and manner of holding elections 
for Senators and Eepresentatives, shall be prescribed in each 
State by the Legislature thereof, subject to the provisions of this 
Constitution ; but the Congress may, at any time, by law, make 
or alter such regulations, except as to times and places of choos- 
ing Senators [U.S., I, iv, 1]. 

2. [Provision for meeting of Congress (U.S., I, iv, 2).] 

Sect. v. [Powers of Houses re elections ( 1), rules of 
procedure ( 2), journals ( 3) and adjournment ( 4).], [U.S., 
I,v.] 

Sect. vi. 1. [Payment and privileges of members (U.S., I, 
vi, 1).] 

2. [Members may not be appointed to civil offices and no 
minister may be a member of either House (U.S., I, vi, 2).] 
But Congress may, by law, grant to the principal officer in each 
of the Executive Departments a seat upon the floor of either 
House, with the privilege of discussing any measures appertain- 
ing to his department. 

Sect. vii. 1. [Powers of the two Houses re Money Bills 
(U.S., I, vii, 1).] 

2. [Suspensive veto of President (U.S., I, vii, 2).] 

The President may approve any appropriation and disapprove 
any other appropriation in the same Bill. In such case he shall, 
in signing the Bill, designate the appropriations disapproved ; 



158 FEDEKAL AND UNIFIED CONSTITUTIONS 

and shall return a copy of such appropriations, with his objec- 
tions, to the House in which the Bill shall have originated ; and 
the same proceedings shall then be had as in case of other Bills 
disapproved by the President. 

3. [Suspensive veto of President on all votes, orders and re- 
solutions (U.S., I, vii, 3).] 

Sect. viii. The Congress shall have power 

1. To lay and collect taxes, duties, imposts, and excises, for 
revenue necessary to pay the debts, provide for the common de- 
fence and carry on the Government of the Confederate States ; 
but no bounties shall be granted from the Treasury, nor shall 
any duties or taxes on importations from foreign nations be laid 
to promote or foster any branch of industry, and all duties, im- 
posts and excises shall be uniform throughout the Confederate 
States [U.S., I, viii, 1]. 

2. [To borrow money on credit of Confederate States 
(U.S., I, viii, 2).] 

3. To regulate commerce with foreign nations, and among 
the several States, and with the Indian tribes [U.S., I., viii, 3] ; 
but neither this, nor any other clause contained in this Con- 
stitution, shall ever be construed to delegate the power to Congress 
to appropriate money for any internal improvement intended 
to facilitate commerce [except aids to navigation on the coast, 
and improvements to be paid for by duties on navigation thus 
facilitated]. 

4. [To establish uniform naturalization and bankruptcy laws 
(but previous debts not to be discharged, U.S., I, viii, 4)], but 
no law of Congress shall discharge any debt contracted before 
the passage of the same. 

5 and 6. [To coin money, regulate weights and measures 
and punish counterfeiting (U.S., I, viii, 5-6).] 

7. To establish post offices and post routes ; but the expenses 
of the Post Office department [after 1 March, 1863] shall be 
paid out of its own revenues [U.S., I, viii, 7]. 

8. [Patents to inventors, etc.] ; 9. [Inferior Federal Courts] ; 
10. [Piracies, etc.] ; 11. [Declaration of war, etc.] ; 12. [Eaising of 
armies, etc.] ; 13. [Provision of a navy] ; 14. [Eules for Govern- 
ment of both Services] ; 15. [Provision for calling the militia] ; 



CONSTITUTION OF THE CONFEDEEATE STATES 159 

16. [Provision for organising militia, etc.] ; 17. [Exclusive legisla- 
tion in district of seat of government, etc.] ; 18. [Power to make 
laws necessary to exercise above powers], [U.S., I, viii, 8-18]. 

Sect. ix. 1. The importation of negroes of the African race, 
from any foreign country other than the Slave-holding States or 
territories of the United States of America, is hereby forbidden, 
and Congress is required to pass such laws as shall effectually 
prevent same. 

2. Congress shall also have power to prohibit the introduc- 
tion of slaves from any State not a member of, or territory not 
belonging to, this Confederacy. 

3. [Suspension of Habeas Corpus ; 4. Bills of Attainder and 
ex post facto laws] ; no ... law denying or impairing the right 
of property in negro slaves shall be passed; 5. [Limitation of 
direct taxation (U.S., I, ix, 2, 3, 4).] 

6. No tax or duty shall be laid on articles exported from any 
State except by a vote of two thirds of both Houses. 

7. [No preference in inter-State trade (U.S., I, ix, 6).] 

8. [Drafts to be made from Treasury only by appropriation ; 
accounts to be published periodically (U.S., I, ix, 7).] 

9. Congress shall appropriate no money from the treasury 
except by a vote of two thirds of both Houses, taken by yeas 
and nays, unless it be asked and estimated for by some one of 
the heads of departments and submitted to Congress by the 
President ; or for the purpose of paying its own expenses and 
contingencies ; or for the payment of claims against the Con- 
federate States, the justice of which shall have been judicially 
declared by a tribunal for the investigation of claims against the 
Government, which it is hereby made the duty of Congress to 
establish. 

10. All Bills appropriating money shall specify in federal cur- 
rency the exact amount of each appropriation and the purposes 
for which it is made, and Congress shall grant no extra compen- 
sation to any public contractor, officer, agent, or servant after such 
contract is made or such service rendered. 

11. [No titles to be granted and no official to accept titles, etc. 
from a foreign State (U.S., I, ix, 8).] 

12. Congress shall make no law respecting an establishment 



160 FEDEEAL AND UNIFIED CONSTITUTIONS 

of religion, or prohibiting the free exercise thereof ; or abridging 
the freedom of speech, or of the press ; or the right of the people 
peaceably to assemble and petition the Government for a redress 
of grievances (U.S., Amendment I). 

13. A well regulated militia being necessary to the security 
of a free State, the right of the people to keep and bear arms 
shall not be infringed (U.S., Amendment II). 

14. [Soldiers are not to be quartered in houses except in war 
time and according to the law (U.S., Amendment III).] 

15. [People have a right to be secure from unreasonable 
searches and seizures. Warrants only on probable cause and 
must describe the particular place to be searched and the persons 
or things to be seized (U.S., Amendment IV).] 

16. [Re criminal procedure and individual rights] ; 17. [re rights 
of accused in trial] ; 18. [re suits at common law of value more 
than 20 dollars] ; 19. [re moderation in bail, fines, etc. (U.S., 
Amendments V-VIII).] 

20. Every law, or resolution having the force of law, shall 

relate to but one subject, and that shall be expressed in the title. 

Sect. x. 1. [Powers not exercisable by the States (U.S., I, x, 1).] 

2. [Powers not exercisable by the States without consent of 
Congress (U.S., I, x, 2).] 

3. No State shall, without the consent of Congress, lay any 
duty on tonnage, except on seagoing vessels for the improve- 
ment of its rivers and harbours navigated by the said vessels ; 
[see I, viii, 3 above] but such duties shall not conflict with any 
Treaties of the Confederate States with foreign nations ; and any 
surplus revenue thus derived shall, after making such improve- 
ment, be paid into the common Treasury. [No troops or ships 
of war shall be kept in time of peace, and no agreement made 
with foreign states or war declared unless on invasion (U.S., I, 
x, 3).] But when any river divides or flows through two or more 
States, they may enter into compacts with each other to improve 
the navigation thereof. 

Article II. Sect. i. 1. [Executive Power to be vested 
in a President. He and the Vice President shall hold their 
offices for the term of 6 years ; but the President shall not be 
re-eligible (U.S., II, i, 1).] 



CONSTITUTION OF THE CONPEDEEATE STATES 161 

2. [States to appoint electors of President. No Senators, 
^Representatives, or officers to be elected (U.S., II, i, 2).] 

3, 4, 5, and 6. [Eegulations for election of President and Vice 
President (U.S., II, 1, 3, 4 and Amendment xii).] 

7. [Qualification for the office of President (U.S., II, i, 5).] 

8. [Vice President, and other officers in succession, as de- 
cided by Congress, shall succeed the President in the event of his 
removal for any reason (U.S., II, i, 6).] 

9. [Provision for President's salary (U.S., II, i, 7).] 

10. [Oath to be taken by President (U.S., II, i, 8).] 

Sect. ii. 1. [Powers of President as commander-in-chief, his 
right to demand advice of executive officers and his power of 
pardon (U.S., II, ii, 1).] 

2. [Powers of President with concurrence of Senate : 
to make treaties, appoint ambassadors, etc. Congress may leave 
appointment of inferior officers to President alone (U.S., II, ii, 
2).] 

3. The principal officer in each of the executive departments 
and all persons connected with the diplomatic service may be 
removed from office at the pleasure of the President. All other 
civil officers of the executive department may be removed at any 
time by the President, or other appointing power, when their 
services are unnecessary, or for dishonesty, incapacity, ineffici- 
ency, misconduct or neglect of duty; and when so removed, 
the removal shall be reported to the Senate, together with the 
reasons therefor. 

4. [President to fill vacancies in Senate occurring during re- 
cess (U.S., II, ii, 3).] But no person rejected by the Senate 
shall be reappointed to the same office during their ensuing 
recess. 

Sect. iii. [President to give information of state of affairs to 
Congress and recommend measures ; may convene Houses on 
extraordinary occasions ; may adjourn if they disagree as to 
time ; shall receive ambassadors, etc. ; and see that the laws 
are executed (U.S., II, iii).] 

Sect. iv. [President, etc., removable if convicted of treason or 
crime (U.S., II, iv).] 

Article III. Sect, i, [Judicial power vested in Supreme 



162 FEDEEAL AND UNIFIED CONSTITUTIONS 

Court and inferior courts instituted by Congress : Tenure of 
Judges (U.S., Ill, i).] 

Sect. ii. 1. [Jurisdiction of the Supreme Judicature (U.S., 
Ill, ii, 1 and Am. XI).] But no State shall be sued by a citizen 
or subject of any foreign State. 

2. [Supreme Court to have original jurisdiction in cases re 
ambassadors, etc., and where State is a party. Otherwise ap- 
pellate except as Congress shall alter (U.S., Ill, ii, 2).] 

3. [Trial by jury, etc. (U.S., Ill, ii, 3).] 

Sect. in. 1. [Treason consists in levying war or giving aid to 
enemy. Two witnesses necessary (U.S., Ill, iii, 1).] 

2. [Congress shall declare punishment but there shall be 
no forfeiture or penalty beyond lifetime of a traitor (U.S., Ill, 
iii, 2).] 

Article IV. Sect. i. [Full faith to be given by one State to 
public acts of another (U.S., IV, i).] 

Sect. ii. 1. The citizens of each State shall be entitled to all 
the privileges and immunities of citizens in the several States ; 
[U.S., IV, ii, 1] and shall have the right of transit and so- 
journ in any State of this Confederacy, with their slaves and 
other property ; and the right of property in said slaves shall 
not thereby be impaired. 

2. [Anyone charged in one State with crime, who flees to 
another State must be surrendered by that State (U.S., IV, 
ii, 2).] 

3. [No slave or other person held to service in one State shall 
when removed to another be discharged under its regulation 
(U.S., IV, ii, 3).] 

Sect. iii. 1. Other States may be admitted into this Con- 
federacy by a vote of two-thirds of the whole House of Kepre- 
sentatives, and two-thirds of the Senate voting by States. [No new 
State shall be formed within the jurisdiction of another State 
nor by the union of two or more States unless Legislatures of 
these States consent (U.S., IV, iii, 1).] 

2. [Congress to have power to make rules concerning the 
property and lands of the Confederate States (U.S., IV, iii, 2).] 

3. The Confederate States may acquire new territory ; and 
Congress shall have power to legislate and provide Governments 



CONSTITUTION OF THE CONFEDERATE STATES 163 

for the inhabitants of all territory belonging to the Confederate 
States, lying without the limits of the several States ; and may 
permit them at such time^, and in such manner as it may by 
law provide, to form States to be admitted into the Confederacy. 
In all such territory, the institution of negro slavery, as it now 
exists in the Confederate States, shall be recognized and pro- 
tected by Congress and by the territorial Government ; and the 
inhabitants of the several Confederate States and territories shall 
have the right to take to such territory any slaves lawfully 
held by them in any of the States or territories of the Confeder- 
ate States. 

4. [Confederation to guarantee to each State republican form 
of Government, to protect each from invasion and, if asked by 
legislature, from domestic violence (U.S., IV, iv).] 

Article V. Sect. i. Upon the demand of any three States 
legally assembled in their several Conventions, the Congress 
shall summon a Convention of all the States, to take into con- 
sideration such amendments to the Constitution as the States 
shall concur in suggesting at the time when the said demand is 
made ; and should any of the proposed amendments to the 
Constitution be agreed on by the said Convention voting by 
States and the same be ratified by the legislatures of 
two-thirds of the Several States, or by Conventions in two- 
thirds thereof as the one or the other mode of ratification 
may be proposed by the general Convention they shall thence- 
forward form a part of this Constitution. But no State shall, 
without its consent, be deprived of its equal representation in 
the Senate. 

Article VI. 1. [The Government established by this constitu- 
tion is the successor of the Provisional Government of the Con- 
federate States of America, and all the laws passed by the latter 
shall continue in force until the same shall be repealed or modi- 
fied ; and all officers appointed by the same shall remain in 
office till their successors are appointed and qualified, or the 
offices abolished.] 

2. [All previous debts and engagements are valid against the 
Confederate States (U.S., VI, 1).] 

3. [The Constitution, together with federal laws and treaties 



164: FEDERAL AND UNIFIED CONSTITUTIONS 

is the supreme law of the land, and judges in every state shall 
be bound by it (U.S., VI, 2).] 

4. [All Senators and Representatives and all officers are 
bound by oath to support the Constitution (U.S., VI, 3).] 

5. [Rights retained by people of several states not disparaged 
by anything in Constitution (U.S., Amendment IX).] 

6. [The powers not delegated to the Confederate States by 
the Constitution, nor prohibited by it to the States, are reserved 
to the States respectively or to the people thereof (U.S. Amend- 
ment).] 

Article VII. 1. [For ratification of Constitution it is suffi- 
cient that Conventions of 5 States agree (U.S., VII, 1).] 

2. [When 5 States shall have ratified this Constitution, in 
the manner before specified, the Congress under the Provisional 
Government shall then prescribe time for electing President 
and for meeting of Electoral College, for counting votes and 
inaugurating the President. They shall also prescribe the time 
for holding the first election of members of Congress and for 
its assembly. Meanwhile this Congress shall continue.] 

THE QUEBEC RESOLUTIONS PRECEDENT TO THE 
CONFEDERATION OF BRITISH NORTH AMERICA. 
10 OCTOBEB, 1864. 

["Debates in the Parliament of Canada on the Confederation of 
the British North American Provinces," Quebec, 1865. Printed 
by Order of the Legislature, pp. 1027-1032.] 

[RESOLUTIONS adopted at Quebec, 10th October, 1864, at a 
Conference of delegates from Upper and Lower Canada, New 
Brunswick, Nova Scotia, Prince Edward Island and Newfound- 
land.] 

I. The best interests and present and future prosperity of 
British North America will be promoted by a Federal Union 
under the Crown of Great Britain, provided such union can be 
effected on principles just to the several Provinces. 

II. In the Federation of the British North American 
Provinces, the system of Government best adapted under existing 
circumstances to protect the diversified interests of the several 



THE QUEBEC RESOLUTIONS 165 

Provinces, and secure efficiency, harmony and permanency in 
the working of the Union, would be a General Government 
charged with matters of common interest to the whole country, 
and Local Governments for each of the Canadas, and for the 
Provinces of Nova Scotia, New Brunswick and Prince Edward 
Island, charged with the control of local matters in their 
respective sections, provision being made for the admission 
into the Union, on equitable terms, of Newfoundland, the 
North- West Territory, British Columbia and Vancouver. 

III. In framing a Constitution for the General Government, 
the Conference, with a view to the perpetuation of our con- 
nexion with the Mother Country, and the promotion of the best 
interests of the people of these Provinces, desire to follow the 
model of the British Constitution, so far as our circumstances 
will permit. 

IV. The Executive Authority or Government shall be vested 
in the Sovereign of the United Kingdom of Great Britain and 
Ireland, and be administered according to the well-understood 
principles of the British Constitution, by the Sovereign personally, 
or by the Representative of the Sovereign duly authorised. 

V. The Sovereign or Representative of the Sovereign shall 
be Commander-in-Chief of the Land and Naval Militia Forces. | 

VI. There shall be a General Legislature or Parliament for 
the Federated Provinces, composed of a Legislative Council and 
a House of Commons. 

VII. For the purpose of forming the Legislative Council, 
the Federated Provinces shall be considered as consisting of 
three divisions : 1st, Upper Canada ; 2nd, Lower Canada ; 3rd, 
Nova Scotia, New Brunswick and Prince Edward Island ; each 
division with an equal representation in the Legislative Council. 

VIII. Upper Canada shall be represented in the Legislative 
Council by 24 members, Lower Canada by 24 members, and the 
three Maritime Provinces by 24 members, of which Nova Scotia 
shall have 10, New Brunswick 10, and Prince Edward Island 
4 members. 

IX. The Colony of Newfoundland shall be entitled to enter 
the proposed Union with a representation in the Legislative 
Council of 4 members. 



166 FEDERAL AND UNIFIED CONSTITUTIONS 

X. The North- West Territory, British Columbia and Van- 
couver shall be admitted into the Union on such terms and con- 
ditions as the Parliament of the Federated Provinces shall 
deem equitable, and as shall receive the assent of Her Majesty ; 
and in the case of the Province of British Columbia or Vancouver, 
as shall be agreed to by the Legislature of such Province. 

XI. The members of the Legislative Council shall be ap- 
pointed by the Crown under the Great Seal of the General 
Government, and shall hold office during life ; if any Legislative 
Councillor shall, for two consecutive sessions of Parliament, 
fail to give his attendance in the said Council, his seat shall 
thereby become vacant. 

XII. The members of the Legislative Council shall be British 
subjects by birth or naturalization, of the full age of thirty years, 
shall possess a continuous real property qualification of four 
thousand dollars over and above all incumbrances, and shall 
be and continue worth that sum over and above their debts and 
liabilities ; but in the case of Newfoundland and Prince Edward 
Island, the property may be either real or personal. 

XIII. If any question shall arise as to the qualification of a 
Legislative Councillor, the same shall be determined by the 
Council. 

XIV. The first selection of the members of the Legislative 
Council shall be made, except as regards Prince Edward Island, 
from the Legislative Councils of the various Provinces so far 
as a sufficient number be found qualified and willing to serve ; 
such members shall be appointed by the Crown at the recom- 
mendation of the General Executive Government, upon the 
nomination of the respective Local Governments, and in such 
nomination due regard shall be had to the claims of the mem- 
bers of the Legislative Council of the opposition in each 
Province, so that all political parties may, as nearly as possible, 
be fairly represented. 

XV. The Speaker of the Legislative Council (unless other- 
wise provided by Parliament) shall be appointed by the Crown 
from among the members of the Legislative Council, and shall 
hold office during pleasure, and shall only be entitled to a 
casting vote on an equality of votes. 



THE QUEBEC EESOLUTIONS 167 

XVI. Each of the twenty-four Legislative Councillors, re- 
presenting Lower Canada in the Legislative Council of the 
General Legislature shall be appointed to represent one of the 
twenty-four Electoral Divisions mentioned in Schedule A of 
Chapter first of the Consolidated Statutes of Canada, and such 
Councillor shall reside or possess his qualification in the Divi- 
sion he is appointed to represent. 

XVII. The basis of Kepresentation in the House of Commons 
shall be Population, as determined by the Official Census every 
ton years ; and the number of members at first shall be 194, 
distributed as follows : 

Upper Canada ..... 82 

Lower Canada . . . . .65 

Nova Scotia ...... 19 

New Brunswick ..... 15 

Newfoundland ..... 8 

Prince Edward Island .... 5 

XVIII. Until the Official Census of 1871 has been made up, 
there shall be no change in the number of representatives from 
the several sections. 

XIX. Immediately after the completion of the Census of 
1871, and immediately after every decennial census thereafter, 
the Kepresentation from each section in the House of Commons 
shall be readjusted on the basis of Population. 

XX. For the purpose of such readjustments, Lower Canada 
shall always be assigned sixty-five members, and each of the 
other sections shall, at each readjustment, receive, for the ten 
years then next succeeding, the number of members to which 
it will be entitled on the same ratio of Eepresentation to Popu- 
lation as Lower Canada will enjoy according to the Census last 
taken, by having sixty- five Members. 

XXI. No reduction shall be made in the number of members 
returned by any section, unless its population shall have de- 
creased, relatively to the population of the whole Union, to the 
extent of five per centum. 

XXII. In computing at each decennial period the number 
of members to which each section is entitled, no fractional parts 
shall be considered, unless when exceeding one-half the number 



168 FEDERAL AND UNIFIED CONSTITUTIONS 

entitling to a member, in which case a member shall be given 
for each such fractional part. 

XXIII. The Legislature of each Province shall divide such 
Province into the proper number of constituencies, and define 
the boundaries of each of them. 

XXIV. The Local Legislature of each Province may, from 
time to time, alter the Electoral Districts for the purposes of 
Eepresentation in such Local Legislature, and distribute the Ke- 
presentatives to which the Province is entitled in such Local 
Legislature, in any manner such Legislature may see fit. 

XXV. The number of Members may at any time be increased 
by the General Parliament, regard being had to the proportion- 
ate rights then existing. 

XXVI. Until provisions are made by the General Parlia- 
ment, all the laws which, at the date of the Proclamation 
constituting the Union, are in force in the Provinces respectively, 
relating to the qualification and disqualification of any person 
to be elected, or to sit or vote as a Member of the Assembly in 
the said Provinces respectively, and relating to the qualification 
or disqualification of voters, and to the oaths to be taken by 
voters, and to Eeturning Officers and their powers and duties, 
and relating to the proceedings at Elections, and to the period 
during which such elections may be continued, and relating to 
the Trial of Controverted Elections, and the proceedings incident 
thereto, and relating to the vacating of seats of Members, and 
to the issuing and execution of new Writs, in case of any seat 
being vacated otherwise than by a dissolution shall respectively 
apply to elections of Members to serve in the House of Commons, 
for places situate in those Provinces respectively. 

XXVII. Every House of Commons shall continue for five 
years from the day of the return of the writs choosing the same, 
and no longer ; subject, nevertheless, to be sooner prorogued or 
dissolved by the Governor. 

XXVIII. There shall be a Session of the General Parliament 
once, at least, in every year, so that a period of twelve calendar 
months shall not intervene between the last sitting of the General 
Parliament in one Session, and the first sitting thereof in the 
next Session. 



THE QUEBEC EESOLUTIONS 169 

XXIX. The General Parliament shall have power to make 
Laws for the peace, welfare and good government of the Feder- 
ated Provinces (saving the Sovereignty of England), and 
especially laws respecting the following subjects : 

1. The Public Debt and Property. 

2. The regulation of Trade and Commerce. 

3. The imposition or regulation of Duties of Customs on 

Imports and Exports, except on Exports of Timber, 
Logs, Masts, Spars, Deals and Sawn Lumber from New 
Brunswick, and of Coal and other Minerals from Nova 
Scotia. 

4. The imposition or regulation of Excise Duties. 

5. The raising of money by all or any other modes or 

systems of Taxation. 

6. The borrowing of money on the Public Credit. 

7. Postal Service. 

8. Lines of Steam or other Ships, Railways, Canals and 
other works, connecting any two or more of the Pro- 
vinces together, or extending beyond the limits of any 
Province. 

9. Lines of Steamships between the Federated Provinces 

and other Countries. 

10. Telegraph Communication and the Incorporation of 

Telegraph Companies. 

11. All such works as shall, although lying wholly within 

any Province, be specially declared by the Acts authoriz- 
ing them to be for the general advantage. 

12. The Census. 

13. Militia Military and Naval Service and Defence. 

14. Beacons, Buoys and Light Houses. 

15. Navigation and Shipping. 

16. Quarantine. 

17. Sea Coast and Inland Fisheries. 

18. Ferries between any Provinces and a Foreign country, 

or between any two Provinces. 

19. Currency and Coinage. 

20. Banking Incorporation of Banks, and the issue of Paper 

Money. 



170 FEDEKAL AND UNIFIED CONSTITUTIONS 

21. Savings Banks. 

22. Weights and Measures. 

23. Bills of Exchange and Promissory Notes. 

24. Interest. 

25. Legal Tender. 

26. Bankruptcy and Insolvency. 

27. Patents of Invention and Discovery. 

28. Copy Bights. 

29. Indians and Lands reserved for the Indians. 

30. Naturalization and Aliens. 

31. Marriage and Divorce. 

32. The Criminal Law, excepting the Constitution of Courts 

of Criminal Jurisdiction, but including the procedure in 
Criminal matters. 

33. Bendering uniform all or any of the laws relative to 
property and civil rights in Upper Canada, Nova Scotia, 
New Brunswick, Newfoundland and Prince Edward 
Island, and rendering uniform the procedure of all or 
any of the Courts in these Provinces ; but any Statute 
for this purpose shall have no force or authority in any 
Province until sanctioned by the Legislature thereof. 

34. The establishment of a General Court of Appeal for the 

Federated Provinces. 

35. Immigration. 

36. Agriculture. 

37. And generally respecting all matters of a general char- 
acter, not specially and exclusively reserved for the 
Local Governments and Legislatures. 

XXX. The General Government and Parliament shall have 
all powers necessary or proper for performing the obligations of 
the Federated Provinces, as part of the British Empire, to 
foreign countries, arising under Treaties between Great Britain 
and such countries. 

XXXI. The General Parliament may also, from time to 
time, establish additional Courts, and the General Government 
may appoint Judges and officers thereof, when the same shall 
appear necessary or for the public advantage, in order to the 
due execution of the laws of Parliament. 



THE QUEBEC KESOLUTIONS 171 

XXXII. All Courts, Judges, and officers of the several 
Provinces shall aid, assist and obey the General Government in 
the exercise of its rights and powers, and for such purposes 
shall be held to be Courts, Judges and officers of the General 
Government. 

XXXIII. The General Government shall appoint and pay 
the Judges of the Superior Courts in each Province, and of the 
County Courts in Upper Canada, and Parliament shall fix their 
salaries. 

XXXIV. Until the consolidation of the Laws of Upper 
Canada, New Brunswick, Nova Scotia, Newfoundland and 
Prince Edward Island, the Judges of these Provinces, appointed 
by the General Government, shall be selected from their respec- 
tive Bars. 

XXXV. The Judges of the Courts of Lower Canada shall 
be selected from the Bar of Lower Canada. 

XXXVI. The Judges of the Court of Admiralty now receiv- 
ing salaries, shall be paid by the General Government. 

XXXVII. The Judges of the Superior Courts shall hold 
their offices during good behaviour, and shall be removable only 
on the Address of both Houses of Parliament. 

XXXVIII. For each of the Provinces there shall be an 
Executive officer, styled the Lieutenant-Governor, who shall be 
appointed by the Governor General in Council, under the Great 
Seal of the Federated Provinces, during pleasure : such pleasure 
not to be exercised before the expiration of the first five years, 
except for cause : such cause to be communicated in writing to 
the Lieutenant-Governor immediately after the exercise of the 
pleasure as aforesaid, and also by Message to both Houses of 
Parliament, within the first week of the first session afterwards. 

XXXIX. The Lieutenant-Governor of each Province shall 
be paid by the General Government. 

XL. In undertaking to pay the salaries of the Lieutenant- 
Governors, the Conference does not desire to prejudice the claim 
of Prince Edward Island upon the Imperial Government for the 
amount now paid for the salary of the Lieutenant-Governor 
thereof. 

XLI. The Local Government and Legislature of each 



172 FEDEKAL AND UNIFIED CONSTITUTIONS 

Province shall be constructed in such manner as the existing 
Legislature of each such Province shall provide. 

XLII. The Local Legislature shall have power to alter or 
amend their Constitution from time to time. 

XLIII. The Local Legislatures shall have power to make 
laws respecting the following subjects : 

1. Direct taxation, and in New Brunswick the imposition 
of duties on the export of Timber, Logs, Masts, Spars, 
Deals and Sawn Lumber ; and in Nova Scotia, of Coals 
and other Minerals. 

2. Borrowing money on the credit of the Province. 

3. The establishment and tenure of local offices, and the 

appointment and payment of local officers. 

4. Agriculture. 

5. Immigration. 

6. Education ; saving the rights and privileges which the 
Protestant or Catholic minority in both Canadas may 
possess as to their denominational schools, at the time 
when the union goes into operation. 

7. The sale and management of Public Lands, excepting 

lands belonging to the General Government. 

8. Sea Coast and Inland Fisheries. 

9. The establishment, maintenance and management of 

Penitentiaries, and Public and Eeformatory Prisons. 

10. The establishment, maintenance and management of 

Hospitals, Asylums, Charities and Eleemosynary Insti- 
tutions. 

11. Municipal Institutions. 

12. Shop, Saloon, Tavern, Auctioneer and other Licences. 

13. Local Works. 

14. The incorporation of Private or Local Companies, except 

such as relate to matters assigned to the General Parlia- 
ment. 

15. Property and Civil Eights, excepting those portions 
thereof assigned to the General Parliament. 

16. Inflicting punishment by fine, penalties, imprisonment 

or otherwise, for the breach of laws passed in relation 
to any subject within their jurisdiction. 



THE QUEBEC KESOLUTIONS 173 

17. The Administration of Justice, including the constitution, 

maintenance and organisation of the Courts, both of 
Civil and Criminal jurisdiction, and including also the 
procedure in civil matters. 

18. And generally all matters of a private or local nature, 

not assigned to the General Parliament. 

XLIV. The power of respiting, reprieving, and p.udoning 
prisoners convicted of crimes, and of commuting and remitting 
of sentences in whole or in part, which belongs of right to the 
Crown, shall be administered by the Lieutenant-Governor of 
each Province in Council, subject to any instructions he may, 
from time to time, receive from the General Government, and 
subject to any provisions that may be made in this behalf by 
the General Parliament. 

XLV. In regard to all subjects over which jurisdiction 
belongs to both the General and Local Legislatures, the laws 
of the General Parliament shall control and supersede those 
made by the Local Legislature, and the latter shall be void so 
far as they are repugnant to, or inconsistent with, the former. 

XL VI. Both the English and French languages may be em- 
ployed in the General Parliament and in its proceedings, and 
in the Local Legislature of Lower Canada, and also in tho 
Federal Courts and in the Courts of Lower Canada. 

XLVII. No lands or property belonging to the General or 
Local Governments shall be liable to taxation. 

XL VIII. All Bills for appropriating any part of the Public 
Eevenue, or for imposing any new Tax or Impost, shall originate 
in the House of Commons or House of Assembly, as the case 
may be. 

XLIX. The House of Commons or House of Assembly shall 
not originate or pass any Vote, Eesolution, Address, or Bill for 
the appropriation of any part of the Public Eevenue, or of any 
Tax or Impost to any purpose, not first recommended by 
Message of the Governor General or the Lieutenant-Governor, 
as the case may be, during the Session in which such Vote, 
Eesolution, Address or Bill is passed. 

L. Any Bill of the General Parliament may be reserved in 
the usual manner for Her Majesty's assent, and any Bill of the 



171 FEDERAL AND UNIFIED CONSTITUTIONS 

Local Legislatures may, in like manner, be reserved for the 
consideration of the Governor General. 

LI. Any Bill passed by the General Parliament shall be 
subject to disallowance by Her Majesty within two years, as in 
the case of Bills passed by the Legislatures of the said Provinces 
hitherto ; and, in like manner, any Bill passed by a Local 
Legislature shall be subject to disallowance by the Governor 
General within one year after the passing thereof. 

LII. The S^at of Government of the Federated Provinces 
shall be Ottawa, subject to the Royal Prerogative. 

LIII. Subject to any future action of the respective Local 
Governments, the Seat of the Local Government in Upper 
Canada shall be Toronto; of Lower Canada, Quebec; and the 
Seats of the Local Governments in the other Provinces shall be 
as at present. 

LIV. All Stocks, Cash, Bankers' Balances and Securities 
for money belonging to each Province at the time of the Union, 
except as hereinafter mentioned, shall belong to the General 
Government. 

LV. The following Public Works and Property of each 
Province shall belong to the General Government, to wit : 

1. Canals. 

2. Public Harbours. 

3. Light Houses and Piers. 

4. Steamboats, Dredges and Public Vessels. 

5. River and Lake Improvements. 

G. Railway and Railway Stocks, Mortgages and other debts 
due by Railway Companies. 

7. Military Roads. 

8. Custom Houses, Post Offices and other Public Buildings, 

except such as may be set aside by the General Govern- 
ment for the use of the Local Legislatures and Govern- 
ments. 

9. Property transferred by the Imperial Government and 

known as Ordnance Property. 

10. Armories, Drill Sheds, Military Clothing and Munitions 

of War ; and 

11. Lands set apart for public purposes. 



THE QUEBEC RESOLUTIONS 175 

LVI. All Lands, Mines, Minerals and Royalties vested in 
Her Majesty in the Provinces of Upper Canada, Lower Canada, 
Nova Scotia, New Brunswick and Prince Edward Island, for 
the use of such Provinces, shall belong to the Local Govern- 
ment of the territory in which the same are so situate ; subject 
to any trusts that may exist in respect to any of such lands or 
to any interest of other persons in respect of tho same. 

LVII. All sums due from purchasers or lessees of such lands, 
mines or minerals at the time of the Union, shall also belong 
to the Local Governments. 

LVIII. All Assets connected with such portions of the 
Public Debt of any Province as are assumed by the Local 
Governments, shall also belong to those Governments re- 
spectively. 

LIX. The several Provinces shall retain all other Public 
Property therein, subject to the right of the General Govern- 
ment to assume any Lands or Public Property required for 
Fortifications or the Defence of the Country. 

LX. The General Government shall assume all the Debts 
and Liabilities of each Province. 

LXI. The Debt of Canada, not specially assumed by Upper 
and Lower Canada respectively, shall not exceed, at the time of 
the Union, $62,500,000; Nova Scotia shall enter the Union 
with a debt not exceeding $8,000,000; and New Brunswick 
with a debt not exceeding $7,000,000. 

LXII. In case Nova Scotia or New Brunswick do not incur 
liabilities beyond those for which their Governments aie now 
bound, and which shall make their debts, at the date of Union, 
less than $8,000,000 and $7,000,000 respectively, they shall be 
entitled to interest at five per cent, on the amount not so in- 
curred, in like manner as is hereinafter provided for Newfound- 
land and Prince Edward Island ; the foregoing resolution being 
in no respect intended to limit the powers given to the respective 
Governments of those Provinces by Legislative authority, but 
only to limit the maximum amount of charge to be assumed by 
the General Government ; provided always, that the powers so 
conferred by the respective Legislatures shall be exercised within 
five years from this date, or the same shall then elapse. 



176 FEDERAL AND UNIFIED CONSTITUTIONS 

LXIII. Newfoundland and Prince Edward Island, not 
having incurred debts equal to those of ithe other Provinces, 
shall be entitled to receive, by half-yearly payments, in advance, 
from the General Government, the interest at five per cent, on 
the difference between the actual amount of their respective 
debts at the time of the Union, and the average amount of in- 
debtedness per head of the population of Canada, Nova Scotia 
and New Brunswick. 

LXIV. In consideration of the transfer to the General 
Parliament of the powers of taxation, an annual grant in aid of 
each Province shall be made, equal to eighty cents per head of 
the population, as established by the Census of 1861 ; the popula- 
tion of Newfoundland being estimated at 130,000. Such aid 
shall be in full settlement of all future demands upon the 
General Government for local purposes, and shall be paid half- 
yearly in advance to each Province. 

LXV. The position of New Brunswick being such as to 
entail large immediate charges upon her local revenues, it is 
agreed that for the period of ten years from the time when the 
Union takes effect, an additional allowance of $03,000 per annum, 
shall be made to that Province. But that so long as the liability 
of that Province remains under $7,000,000, a deduction equal 
to the interest on such deficiency shall be made from the 
$63,000. 

LXVI. In consideration of the surrender to the General 
Government, by Newfoundland, of all its rights in Mines and 
Minerals, and of all the ungranted and unoccupied Lands of the 
Crown, it is agreed that the sum of $150,000 shall each year be 
paid to that Province by semi-annual payments ; provided that 
that Colony shall retain the right of opening, constructing and 
controlling roads and bridges through any of the said lands, 
subject to any laws which the General Parliament may pass in 
respect of the same. 

LXVII. All engagements that may, before the Union, be 
entered into with the Imperial Government for the defence of 
the country, shall be assumed by the General Government. 

LXVIII. The General Government shall secure, without 
delay, the completion of the Intercolonial Railway from 



SPEECH OF ATTORNEY-GENERAL MACDONALD 17? 

Riviere du Loup, through New Brunswick, to Truro in Nova 
Scotia. 

LXIX. The communications with the North- Western Terri- 
tory^ and the improvements required for the development of the 
trade of the Great West with the seaboard, are regarded by this 
Conference as subjects of the highest importance to the Federated 
Provinces, and shall be prosecuted at the earliest possible 
period that the state of finances will permit. 

LXX. The sanction of the Imperial and Local Parliaments 
shall be sought for the Union of the Provinces, on the principles 
adopted by the Conference. 

LXXI. That Her Majesty the Queen be solicited to deter- 
mine the rank and name of the Federated Provinces. 

LXXII. The Proceedings of the Conference shall be authenti- 
cated by the signatures of the Delegates, and submitted by each 
Delegation to its own Government, and the Chairman is author- 
ized to submit a copy to the Governor General for transmission 
to the Secretary of State for the Colonies. 

SPEECH OF ATTORNEY-GENERAL MACDONALD 
ON THE CONFEDERATION OF BRITISH NORTH 
AMERICA. 6 FEBRUARY, 1865. 

["Debates in the Parliament of Canada on the Confederation of the 
British North American Provinces," Quebec, 1865. Printed by 
Order of the Legislature, pp. 25-45.] 

LEGISLATIVE ASSEMBLY, 
Monday, February 6, 1865. 

ATTORNEY GENERAL MACDONALD : . . . I have had the honour 
of being charged, on behalf of the Government, to submit a 
scheme for the Confederation of all the British North American 
Provinces a scheme which has been received, I am glad to 
say, with general, if not universal, approbation in Canada. The 
scheme, as propounded through the press, has received almost 
no opposition. While there may be occasionally, here and there, 
expressions of dissent from some of the details, yet the scheme as 
a whole has met with almost universal approval, and the Govern- 
ment has the greatest satisfaction in presenting it to this House. 
This subject, which now absorbs the attention of the people of 



178 FEDEKAL AND UNIFIED CONSTITUTIONS 

Canada, and of the whole of British North America, is not a new 
one. For years it has more or less attracted the attention of 
every statesman and politician in these provinces, and has been 
looked upon by many far-seeing politicians as being eventually 
the means of deciding and settling very many of the vexed ques- 
tions which have retarded the prosperity of the colonies as a 
whole, and particularly the prosperity of Canada. The subject 
was pressed upon the public attention by a great many writers 
and politicians ; but I believe the attention of the Legislature 
was first formally called to it by my honorable friend the 
Minister of Finance. 1 Some years ago, in an elaborate speech, 
my hon. friend, while an independent member of Parliament, 
before being connected with any Government, pressed his views 
on the Legislature at great length and with his usual force. 
But the subject was nob taken up by any party as a branch 
of their policy, until the formation of the Cartier-Macdonald 
Administration in 1858, when the Confederation of the colonies 
was announced as one of the measures which they pledged them- 
selves to attempt, if possible, to bring to a satisfactory conclu- 
sion. In pursuance of that promise, the letter or despatch, 
which has been so much and so freely commented upon in the 
press and in this House, was addressed by three of the members 
of that Administration to the Colonial Office. The subject, 
however, though looked upon with favor by the country, and 
though there were no distinct expressions of opposition to it from 
any party, did not begin to assume its present proportions until 
last session. Then, men of all parties and all shades of politics 
became alarmed at the aspect of affairs. They found that such 
was the opposition between the two sections of the province, 
such was the danger of impending anarchy, in consequence of 
the irreconcilable differences of opinion, with respect to repre- 
sentation by population, between Upper and Lower Canada, that 
unless some solution of the difficulty was arrived at, we would 
suffer under a succession of weak governments, weak in 
numerical support, weak in force, and weak in power of doing 
good. All were alarmed at this state of affairs. We had 
election after election, we had ministry after ministry, with 

1 Mr. A. T. Gait. 



SPEECH OF ATTOKNEY-GENEKAL MACDONALD 179 

the same result. Parties were so equally balanced, that the 
vote of one member might decide the fate of the Administration, 
and the course of legislation for a year or a series of years. This 
condition of things was well calculated to arouse the earnest 
consideration of every lover of his country, and I am happy to 
say it had that effect. None were more impressed by this 
momentous state of affairs, and the grave apprehensions that 
existed of a state of anarchy destroying our credit, destroying 
our prosperity, destroying our progress, than were the members 
of this present House ; and the leading statesmen on both sides 
seemed to have come to the common conclusion, that some step 
must be taken to relieve the country from the dead-lock and 
impending anarchy that hung over us. With that view, my 
colleague, the President of the Council, 1 made a motion founded 
on the despatch addressed to the Colonial Minister, to which I 
have referred, and a committee was struck, composed of gentle- 
men of both sides of the House, of all shades of political opinion, 
without any reference to whether they were supporters of the 
Administration of the day or belonged to the Opposition, for the 
purpose of taking into calm and full deliberation the evils which 
threatened the future of Canada. That motion of my honorable 
friend resulted most happily. The committee, by a wise pro- 
vision, and in order that each member of the committee might 
have an opportunity of expressing his opinions without being in 
any way compromised before the public, or with his party, in 
regard either to his political friends or to his political foes, 
agreed that the discussion should be freely entered upon without 
reference to the political antecedents of any of them, and that 
they should sit with closed doors, so that they might be able to 
approach the subject frankly and in a spirit of compromise. The 
committee included most of the leading members of the House, 
I had the honor myself to be one of the number, and the 
result was that there was found an ardent desire a creditable 
desire, I must say, displayed by all the members of the com- 
mittee to approach the subject honestly, and to attempt to work 
out some solution which might relieve Canada from the evils 
under which she labored. The report of that committee was 
laid before the House, and then came the political action of the 



180 FEDERAL AND UNIFIED CONSTITUTIONS 

leading men of the two parties in this House, which ended in 
the formation of the present Government. The principle upon 
which that Government was formed has been announced, and 
is known to all. It was formed for the very purpose of carrying 
out the object which has now received to a certain degree its 
completion, by the resolutions I have had the honor to place in 
your hands. As has been stated, it was not without a great deal 
of difficulty and reluctance that that Government was formed. 
The gentlemen who compose this Government had for many 
years been engaged in political hostilities to such an extent that 
it affected even their social relations. But the crisis was great, 
the danger was imminent, and the gentlemen who now form the 
present Administration found it to be their duty to lay aside all 
personal feelings, to sacrifice in some degree their position, and 
even to run the risk of having their motives impugned, for the 
sake of arriving at some conclusion that would be satisfactory to 
the country in general. The present resolutions were the result. 
And, as I said before, I am proud to believe that the country has 
sanctioned, as I trust that the representatives of the people in 
this House will sanction, the scheme which is now submitted for 
the future government of British North America. Everything 
seemed to favor the project, and everything seemed to show 
that the present was the time, if ever, when this great union be- 
tween all Her Majesty's subjects dwelling in British North 
America, should be carried out. When the Government was 
formed, it was felt that the difficulties in the way of effecting a 
union between all the British North American Colonies were 
great so great as almost, in the opinion of many, to make it 
hopeless. And with that view it was the policy of the Govern- 
ment, if they could not succeed in procuring a union between all 
the British North American Colonies, to attempt to free the 
country from the dead-lock in which we were placed in Upper 
and Lower Canada, in consequence of the difference of opinion 
between the two sections, by having a severance to a certain 
extent of the present union between the two provinces of Upper 
and Lower Canada, and the substitution of a Federal Union be- 
tween them. Most of us, however, I may say, all of us, were 
agreed and I believe every thinking man will agree as to the 
expediency of effecting a union between all the provinces, and 



SPEECH OF ATTOENEY-GENERAL MACDONALD 181 

the superiority of such a design, if it were only practicable, over 
the smaller scheme of having a Federal Union between Upper 
and Lower Canada alone. By a happy concurrence of events, 
the time came when that proposition could be made with a hope 
of success. By a fortunate coincidence the desire for union ex- 
isted in the Lower Provinces, and a feeling of the necessity of 
strengthening themselves by collecting together the scattered 
colonies on the sea-board, had induced them to form a conven- 
tion of their own for the purpose of effecting a union of the 
Maritime Provinces of Nova Scotia, New Brunswick and Prince 
Edward Island, the legislatures of those colonies having formally 
authorized their respective governments to send a delegation to 
Prince Edward Island for the purpose of attempting to form a 
union of some kind. Whether the union should be federal or 
legislative was not then indicated, but a union of some kind was 
sought for the purpose of making of themselves one people 
instead of three. We, ascertaining that they were about to take 
such a step, and knowing that if we allowed the occasion to pass, 
if they did indeed break up all their present political organiza- 
tions and form a new one, it could not be expected that they 
would again readily destroy the new organization which they 
had formed, the union of the three provinces 011 the sea-board, 
and form another with Canada. Knowing this, we availed our- 
selves of the opportunity, and asked if they would receive a 
deputation from Canada, who would go to meet them at 
Charlottetown, for the purpose of laying before them the ad- 
vantages of a larger and more extensive union, by the junction 
of all the provinces in one great government under our common 
Sovereign. They at once kindly consented to receive and hear 
us. They did receive us cordially and generously, and asked 
us to lay our views before them. We did so at some length, and 
so satisfactory to them were the reasons we gave ; so clearly, in 
their opinion, did we show the advantages of the greater union 
over the lesser, that they at once set aside their own project, 
and joined heart and hand with us in entering into the larger 
scheme, and trying to form, as far as they and we could, a 
great nation and a strong government. Encouraged by this 
arrangement, which, however, was altogether unofficial and un- 
authorized, we returned to Quebec, and then the Government of 



182 FBDEKAL AND UNIFIED CONSTITUTIONS 

Canada invited the several governments of the sister colonies to 
send a deputation here from each of them for the purpose of 
considering the question, with something like authority from 
their respective governments. The result was, that when we 
met here on the 10th of October, on the first day on which we 
assembled, after the full and free discussions which had taken 
place at Charlottetown, the first resolution now before this 
House was passed unanimously, being received with acclamation, 
as in the opinion of every one who heard it, a proposition which 
ought to receive, and would receive, the sanction of each 
government and each people. The resolution is, " That the best 
interests and present and future prosperity of British North 
America will be promoted by a Federal Union under the Crown 
of Great Britain, provided such union can be effected on prin- 
ciples just to the several provinces." It seemed to all the states- 
men assembled and there are great statesmen in the Lower 
Provinces, men who would do honor to any government and 
to any legislature of any free country enjoying representative 
institutions it was clear to them all that the best interests and 
present and future prosperity of British North America would be 
promoted by a Federal Union under the Crown of Great Britain. 
And it seems to me, as to them, and 1 think it will so appear to 
the people of this country, that, if we wish to be a great people ; 
if we wish to form using the expression which was sneered at 
the other evening a great nationality, commanding the respect 
of the world, able to hold our own against all opponents, and to 
defend those institutions we prize : if we wish to have one 
system of government, and to establish a commercial union, 
with unrestricted free trade, between people of the five provinces, 
belonging, as they do, to the same nation, obeying the same 
Sovereign, owning the same allegiance, and being, for the most 
part, of the same blood and lineage : if we wish to be able to 
afford to each other the means of mutual defence and support 
against aggression and attack this can only be obtained by a 
union of some kind between the scattered and weak boundaries 
composing the British North American Provinces. 

There were . . . only three modes that were at all sug- 
gested, by which the deadlock in our affairs, the anarchy we 



SPEECH OF ATTOKNEY-GENEKAL MACDONALD 183 

dreaded, and the evils which retarded our prosperity, could be 
met or averted. One was the dissolution of the union between 
Upper and Lower Canada, leaving them as they were before the 
union of 1841. I believe that that proposition, by itself had no 
supporters. It was felt by everyone that, although it was a 
course that would do away with the sectional difficulties which 
existed, though it would remove the pressure on the part of the 
people of Upper Canada for representation based upon popula- 
tion, and the jealousy of the people of Lower Canada lest 
their institutions should be attacked and prejudiced by that 
principle in our representation ; yet it was felt by every thinking 
man in the province that it would be a retrograde step, which 
would throw back the country to nearly the same position as it 
occupied before the union, that it would lower the credit en- 
joyed by United Canada, that it would be the breaking up of 
the connexion which had existed for nearly a quarter of a 
century, and, under which, although it had not been completely 
successful, and had not allayed altogether the local jealousies 
that had their root in circumstances which arose before the 
Union, our province, as a whole, had nevertheless prospered and 
increased. It was felt that a dissolution of the union would 
have destroyed all the credit that we had gained by being a 
united province, and would have left us two weak and in- 
effective governments, instead of one powerful and united 
people. 

The next mode suggested was the granting of representation 
by population. Now, we all know the manner in which that 
question was and is regarded by Lower Canada ; that while in 
Upper Canada the desire and cry for it was daily augmenting, 
the resistance to it in Lower Canada was proportionably increas- 
ing in strength. Still, if some such means of relieving us from 
the sectional jealousies which existed between the two Canadas, 
if some such solution of the difficulties as Confederation had not 
been found, the representation by population must eventually 
have been carried ; no matter though it might have been felt in 
Lower Canada, as being a breach of the Treaty of Union, no 
matter how much it might have been felt by the Lower 
Canadians that it would sacrifice their local interests, it is 



184: FEDERAL AND UNIFIED CONSTITUTIONS 

certain that in the progress of events representation by popula- 
tion would have been carried ; and, had it been carried I 
speak here my own individual sentiments I do not think it 
would have been for the interest of Upper Canada. For though 
Upper Canada would have felt that it had received what it 
claimed as a right, and had succeeded in establishing its right, 
yet it would have left the Lower Province with a sullen feeling 
of injury and injustice. The Lower Canadians would not have 
worked cheerfully under such a change of system, but would 
have ceased to be what they are now a nationality, with re- 
presentatives in Parliament, governed by general principles, 
and dividing according to their political opinions and woulcl 
have been in great danger of becoming a faction, forgetful of 
national obligations, and only actuated by a desire to defend 
their own sectional interests, their own laws, and their own 
institutions. 

The third and only means of solution for our difficulties was 
the junction of the provinces either in a Federal or a Legislative 
Union. Now, as regards the comparative advantages of a 
Legislative and a Federal Union, I have never hesitated to state 
my own opinions. I have again and again stated in the House, 
that, if practicable, I thought a Legislative Union would be pre- 
ferable. I have always contended that if we could agree to have 
one government and one parliament, legislating for the whole 
of these peoples, it would be the best, the cheapest, the most 
vigorous, and the strongest system of government we could 
adopt. But, on looking at the subject in the Conference, and 
discussing the matter as we did, most unreservedly, and with a 
desire to arrive at a satisfactory conclusion, we found that such 
a system was impracticable. In the first place, it would not 
meet the assent of the people of Lower Canada, because they 
felt that in their peculiar position being in a minority, with a 
different language, nationality and religion from the majority, 
in case of a junction with the other provinces, their institutions 
and their laws might be assailed, and their ancestral associations, 
on which they prided themselves, attacked and prejudiced ; it 
was found that any proposition which involved the absorption of 
the individuality of Lower Canada if I may use the expression 



SPEECH OF ATTORNEY-GENERAL MACDONALD 185 

would not be received with favor by her people. We found 
too, that though their people speak the same language and enjoy 
the same system of law as the people of Upper Canada, a system 
founded on the common law of England, there was as great a 
disinclination on the part of the various Maritime Provinces to 
lose their individuality, as separate political organizations, as we 
observed in the case of Lower Canada herself. Therefore, we 
were forced to the conclusion that we must either abandon the 
idea of union altogether, or devise a system of union in which 
the separate provincial organizations would be in some degree 
preserved. So that those who were, like myself, in favor of a 
Legislative Union, were obliged to modify their views and accept 
the project of a Federal Union as the only scheme practicable, 
even for the Maritime Provinces. Because, although the law of 
those provinces is founded on the common law of England, yet 
every one of them has a large amount of law of its own colonial 
law framed by itself, and affecting every relation of life, such as 
the laws of property, municipal and assessment laws ; laws re- 
lating to the liberty of the subject, and to all the great interests 
contemplated in legislation ; we found, in short, that the statu- 
tory law of the different provinces was so varied and diversified 
that it was almost impossible to weld them into a Legislative 
Union at once. ... I am happy to state and indeed it appears 
on the face of the resolutions themselves that, as regards the 
Lower Provinces, a great desire was evinced for the final assimi- 
lation of our laws. One of the resolutions provides that an 
attempt shall be made to assimilate the laws of the Maritime 
Provinces and those of Upper Canada, for the purpose of eventu- 
ally establishing one body of statutory law, founded on the 
common law of England, the parent of the laws of all those pro- 
vinces. 

One great objection made to a Federal Union was the expense 
of an increased number of legislatures. I will not enter at any 
length into that subject, because my honorable friends, the 
Finance Minister and the President of the Council . . . will, I 
think, be able to show that the expenses under a Federal Union 
will not be greater than those under the existing system of 
separate governments and legislatures. ... In the proposed 



186 FEDEEAL AND UNIFIED CONSTITUTIONS 

Constitution all matters of general interest are to be dealt with 
by the General Legislature ; while the local legislatures will deal 
with matters of local interest, which do not affect the Confedera- 
tion as a whole, but are of the greatest importance to their 
particular sections. By such a division of labor the sittings 
of the General Legislature would not be so protracted as even 
those of Canada alone. And so with the local legislatures, their 
attention being confined to subjects pertaining to their own 
sections, their sessions would be shorter and less expensive. 
Then, when we consider the enormous saving that will be effected 
in the administration of affairs by one General Government 
when wo reflect that each of the five colonies has a government 
of its own with a complete establishment of public departments 
and all the machinery required for the transaction of the business 
of the country that each has a separate executive, judicial and 
militia system that each province has a separate ministry, in- 
cluding a Minister of Militia, with a complete Adjutant General's 
Department that each has a Finance Minister with a full 
Customs and Excise Staff that each Colony has as large and 
complete an administrative organization, with as many Executive 
officers as the General Government will have we can well 
understand the enormous saving that will result from a union of 
all the colonies, from their having but one head and one central 
system. 

We, in Canada, already know something of the advantages 
and disadvantages of a Federal Union. Although we have 
nominally a Legislative Union in Canada although we sit in 
one Parliament, supposed constitutionally to represent the people 
without regard to sections or localities, yet we know, as a matter 
of fact, that since the union in 1841, we have had a Federal 
Union ; that in matters affecting Upper Canada solely, members 
from that section claimed and generally exercised the right of 
exclusive legislation, while members from Lower Canada legis- 
lated in matters affecting only their own section. . . . 

If we are not blind to our present position, we must see the 
hazardous situation in which all the great interests of Canada 
stand in respect to the United States. I am no alarmist. I do 



SPEECH OF ATTORNEY-GENERAL MACDONALD 187 

not believe in the prospect of immediate war. I believe that the 
common sense of the two nations will prevent a war ; still we 
cannot trust to probabilities. The Government and Legislature 
would be wanting in their duty to the people if they ran any 
risk. We know that the United States at this moment are 
engaged in a war of enormous dimensions that the occasion of 
a war with Great Britain has again and again arisen, and may 
at any time in the future again arise. We cannot foresee what 
may be the result ; we cannot say but that the two nations may 
drift into a war as other nations have done before. It would 
then be too late when war had commenced to think of measures 
for strengthening ourselves, or to begin negotiations for a union 
with the sister provinces. At this moment, in consequence of 
the ill-feeling which has arisen between England and the United 
States a feeling of which Canada was not the cause in con- 
sequence of the irritation which now exists, owing to the unhappy 
state of affairs on this continent, the Reciprocity Treaty, it seems 
probable, is about to be brought to an end our trade is hampered 
by the passport system, and at any moment we may be deprived 
of permission to carry our goods through United States channels 
the bonded goods system may be done away with, and the 
winter trade through the United States put an end to. Our 
merchants may be obliged to return to the old system of bring- 
ing in during the summer months the supplies for the whole 
year. Ourselves already threatened, our trade interrupted, our 
intercourse, political and commercial, destroyed, if we do not 
take warning now when we have the opportunity, and while 
one avenue is threatened to be closed, open another by taking 
advantage of the present arrangement and the desire of the 
Lower Provinces to draw closer the alliance between us, we may 
suffer commercial and political disadvantages it may take long 
for us to overcome. 

The Conference having come to the conclusion that a legisla- 
tive union, pure and simple, was impracticable, our next attempt 
was to form a government upon federal principles, which would 
give to the General Government the strength of a legislative and 
administrative union, while at the same time it preserved that 
liberty of action for the different sections which is allowed by a 



188 FEDEEAL AND UNIFIED CONSTITUTIONS 

Federal Union. And I am strong in the belief that we have hit 
upon the happy medium in those resolutions, and that we have 
formed a scheme of government which unites the advantages 
of both, giving us the strength of a legislative union and the 
sectional freedom of a federal union, with protection to local 
interests. In doing so we had the advantage of the experience 
of the United States. It is the fashion now to enlarge on the 
defects of the Constitution of the United States, but I am not 
one of those who look upon it as a failure. I think and believe 
that it is one of the most skilful works which human intelligence 
ever created ; it is one of the most perfect organizations that ever 
governed a free people. To say that it has some defects is but 
to say that it is not the work of Omniscience, but of human 
intellects. We are happily situated in having had the oppor- 
tunity of watching its operation, seeing its working from its 
infancy till now. It was in the main formed on the model of the 
Constitution of Great Britain, adapted to the circumstances of a 
new country, and was perhaps the only practicable system that 
could have been adopted under the circumstances existing at the 
time of its formation. We can now take advantage of the ex- 
perience of the last seventy-eight years, during which that Con- 
stitution has existed, and I am strongly of the belief that we 
have, in a great measure, avoided in this system which we 
propose for the adoption of the people of Canada, the defects 
which time and events have shown to exist in the American 
Constitution. 

In the first place, by a resolution which meets with the 
universal approval of the people of this country, we have pro- 
vided that for all time to come, so far as we can legislate for the 
future, we shall have as the head of the executive power, the 
Sovereign of Great Britain. No one can look into futurity and 
say what will be the destiny of this country. Changes come 
over nations and peoples in the course of ages. But, so far as 
we can legislate, we provide that, for all time to come, the 
Sovereign of Great Britain shall be the Sovereign of British 
North America. By adhering to the monarchical principle, we 
avoid one defect inherent in the Constitution of the United 
States. By the election of the President by a majority and for a 
short period, he never is the sovereign and chief of the nation. 



SPEECH OF ATTORNEY-GENERAL MACDONALD 189 

He is never looked up to by the whole people as the head arid 
front of the nation. He is at best but the successful loader of 
a party. This defect is all the greater on account of the practice 
of re-election. During his first term of office, he is employed 
in taking steps to secure his own re-election, and for hit* party 
a continuance of power. We avoid this by adhering to the 
monarchical principle the Sovereign whom you respect and 
love. I believe that it is of the utmost importance to have that 
principle recognized, so that we shall have a Sovereign who is 
placed above the region of party to whom all parties look up 
who is nod elevated by the action of one party nor depressed 
by the action of another, who is the common head and sove- 
reign of all. 

In the Constitution we propose to continue the system of 
Responsible Government, which has existed in this province 
since 1841, and which has long obtained in the Mother Country. 
This is a feature of our Constitution as we have it now, and as 
we shall have it in the Federation, in which, I think, we avoid 
one of the great defects in the Constitution of the United States 
There the President, during his term of office, is in a great 
measure a despot, a one-man power, with the command of the 
naval and military forces with an immense amount of patron- 
age as head of the Executive, and with the veto power as a 
branch of the legislature, perfectly uncontrolled by responsible 
advisers, his cabinet being departmental officers merely, whom 
he is not obliged by the Constitution to consult with, unless he 
chooses to do so. With us the Sovereign, or in this country the 
Representative of the Sovereign, can act only on the advice of 
his ministers, those ministers being responsible to the people 
through Parliament. 

Prior to the formation of the American Union, as we all 
know, the different states which entered into it were separate 
colonies. They had no connexion with each other further than 
that of having a common Sovereign, just as with us at present. 
Their Constitutions and their laws were different. They might 
and did legislate against each other, and when they revolted 
against the Mother Country they acted as separate sovereignties, 
and carried on the war by a kind of treaty of alliance against 
the common enemy. Ever since the union was formed the 



'190 FEDERAL AND UNIFIED CONSTITUTIONS 

difficulty of what is called " State Bights " has existed, and this 
had much to do in bringing on the present unhappy war in the 
United States. They commenced, in fact, at the wrong end. 
They declared by their Constitution that each state was a 
sovereignty in itself, and that all the powers incident to a sove- 
reignty belonged to each State, except those powers which, by 
the Constitution, were conferred upon the General Government 
and Congress. Here we have adopted a different system. We 
have strengthened the General Government. We have given 
the General Legislature all the great subjects of legislation. 
We have conferred on them, not only specifically and in detail, 
8.11 the powers which are incident to sovereignty, but we have 
expressly declared that all subjects of general interest not dis- 
tinctly and exclusively conferred upon the local governments 
and local legislatures, shall be conferred upon the General Gov- 
ernment and Legislature. We have thus avoided that great 
source of weakness which has been the cause of the disruption 
of the United States. . . . 

I believe that, while England has no desire to lose her 
colonies, but wishes to retain them, while I am satisfied that the 
public mind of England would deeply regret the loss of these 
provinces yet, if the people of British North America after full 
deliberation had stated that they considered it was for their 
interest, for the advantage of the future of British North America 
to sever the tie, such is the generosity of the people of England, 
that, whatever their desire to keep these colonies, they would 
not seek to compel us to remain unwilling subjects of the British 
Crown. If therefore, at the Conference, we had arrived at the 
conclusion, that it was for the interest of these provinces that a 
severance should take place, I am sure that Her Majesty and the 
Imperial Parliament would have sanctioned that severance. We 
accordingly felt that there was a propriety in giving a distinct 
declaration of opinion on that point, and that, in framing the 
Constitution, its first sentence should declare, that " The Execu- 
tive authority or government shall be vested in the Sovereign 
of the United Kingdom of Great Britain and Ireland, and be 
administered according to the well understood principles of the 
British Constitution, by the Sovereign personally, or by the 
Eepresentative of the Sovereign duly authorized." . . . 



SPEECH OF THK EARL OF CARNARVON 191 

SPEECH OF THE EARL OF CAENABVON, SECBETAEY 
OF STATE FOR THE COLONIES, IN INTRO- 
DUCING THE BRITISH NORTH AMERICA BILL. 
19 FEBKUAEY, 1867. 

[Hansard's "Parliamentary Debates, "3rd series, vol. 185 (1867), 
cols. 557-570b.] 

HOUSE OF LORDS. T'tiesday, February 19, 18C7. 

British North America Bill. 
SECOND READING. 

The Earl of Carnarvon : 

. . . This Bill embraces only the Provinces of Upper and 
Lower Canada, of Nova Scotia, and New Brunswick. The time, 
indeed, will come before long, I cannot doubt, when Newfound- 
land and Prince Edward's Island will gravitate towards the 
common centre of this Confederation. Every consideration of 
policy and interest will lead them towards this conclusion. The 
time also is not distant when the broad and fertile districts to- 
wards the west of Canada, now under the rule of a trading Com- 
pany, will form part of the Confederation perhaps it is not very 
far distant when even British Columbia and Vancouver's Island 
may be incorporated, and one single system of English law and 
commerce and policy extend from the Atlantic to the Pacific. . . . 

I come now to the Legislature which it is proposed to create 
under this Bill. It is two-fold a Central Parliament and Local 
Legislatures in each Province. I will deal with the Central 
Parliament first. It will be composed of two Chambers an 
Upper Chamber, to be styled the Senate, and a Lower Chamber, 
to be termed, in affectionate remembrance of some of the best 
and noblest traditions of English history, the House of Commons. 
Of all problems to be solved in the creation of a Colonial Con- 
stitution, none is more difficult than the composition of an Upper 
House. . . . There are, in my opinion, two broad principles to 
be kept in view in the creation of a Colonial Chamber : first, 
that it should be strong enough to maintain its own opinion, and 
to resist the sudden gusts of popular feeling ; secondly, that it 
should not be so strong that it should be impenetrable to public 



192 FEDERAL AND UNIFIED CONSTITUTIONS 

sentiment, and therefore out of harmony with the other branch 
of the Legislature. These are conditions difficult under the 
most favourable circumstances to secure ; but they are com- 
plicated in this instance by a third, which has been made a 
fundamental principle of the measure by the several contracting 
parties, and the object of which is to provide for a permanent 
representation and protection of sectional interests. I will 
briefly explain how far these three considerations appear to me 
to have been met in this Bill. The Senate will consist of 
seventy-two Members, the four Provinces being for this purpose 
divided into three sections, of which Upper Canada will be one, 
Lower Canada one, and the Maritime Provinces one. From 
each of these three sections an equal number of twenty-four 
Members will be returned. They will be nominated by the 
Governor General in Council for life. But as it is obvious that 
the principle of life nomination, combined with a fixed number 
of Members, might render a difference of opinion between the 
two Houses a question almost insoluble under many years, and 
might bring about what is popularly known as a Legislative 
dead-lock, a power is conferred upon the Crown a power, I 
need not say, that would only be exercised under exceptional 
and very grave circumstances to add six Members to the 
Senate, subject to a restriction that those six Members shall be 
taken equally from the three sections, so as in no way to disturb 
their relative strength, and that the next vacancies shall not be 
filled up until the Senate is reduced to its normal number. It 
may, perhaps, be said that the addition of six Members will be 
insufficient to obviate the Legislative discord against which we 
desire to provide. I am free to confess that I could have wished 
that the margin had been broader. At the same time, the 
average vacancies which have of recent years occurred in the 
nominated portion of the present Legislative Council of Canada, 
go far to show that, even in the ordinary course of events, the 
succession of Members will be rapid. . . . 

I now come to the constitution of the House of Commons. 
The principle upon which the Senate is constructed is, as I have 
explained, the representation and the protection of sectional 
interests. The principle upon which the House of Commons is 
founded is that of a representation in accordance with population. 



SPEECH OF THE EARL OF CARNARVON 193 

It will not be, indeed, a representation of mere numbers distri- 
buted equally in electoral districts ; but whilst population is 
made the basis of representation, each Province will have its 
own number of representatives in proportion to their own popu- 
lation, and in proportion also to the population and represen- 
tatives conjoined of their neighbours. Unlike other popular 
Assemblies, the Canadian House of Commons will be a variable 
number ; but it will vary by reference to a particular standard. 
That standard will be given by Lower Canada, which is to retain 
its present quota of sixty-five Members, and will in fact be the 
proportion which these sixty-five Members bear to the popula- 
tion of the Province. If Lower Canada, with a population of 
1,100,000, has sixty-five Members, Upper Canada, with a popu- 
lation of nearly 1,500,000, will have eighty-two Members. It 
may, indeed, happen that an increase of the total numbers of 
the House may become necessary. Power is reserved for this 
contingency ; but in such case the increase will be regulated in 
all the other Provinces by reference to the number of Members 
representing Lower Canada, and by the proportion between 
those Members and the population in that Province. But as 
the representation of population will be based upon the census, 
there will be a decennial re-adjustment of it. ... 

Tho Local Legislatures to be established in each Province 
stand next in order; and my task here is easy; for whilst the 
provisions regulating the constitution of the central Parliament 
are in the nature of permanent enactments, those which govern 
the Local Legislatures will bo subject to amendment by those 
bodies. This portion, therefore, of the Bill is intended to provide 
the temporary machinery by which each Province will be enabled 
to enter upon its new life and political duties. . . . 

My Lords, I now pass to that which is, perhaps, the most 
delicate and the most important part of this measure the dis- 
tribution of powers between the Central Parliament and the local 
authorities. In this is, I think, comprised the main theory and 
constitution of Federal Government ; on this depends the practi- 
cal working of the new system. And here we navigate a sea of 
difficulties. There are rocks on the right hand and on the left. 
If, on the one hand, the Central Government be too strong, 
then there is risk that it may absorb the local action and that 



194 FEDERAL AND UNIFIED CONSTITUTIONS 

wholesome self-government by the provincial bodies, which it is a 
matter both of good faith, and political expediency to maintain : 
if, on the other hand, the Central Government is not strong 
enough, then arises a conflict of State rights and pretensions, 
cohesion is destroyed, and the effective vigor of the central au- 
thority is encroached upon. The real object which we have in 
view is to give to the Central Government those high functions 
and almost sovereign powers by which general principles and 
uniformity of legislation may be secured in those questions which 
are of common import to all the Provinces ; and, at the same 
time, to retain for each Province so ample a measure of munici- 
pal liberty and self-government as will allow and indeed compel 
them to exercise those local powers which they can exercise with 
great advantage to the community. In Australia there is at 
present a tendency towards the disintegration of the vast terri- 
tories which are called colonies, because those who live at great 
distances on their extreme borders complain that they cannot 
obtain from the Central Parliaments the attention which they 
require. In New Zealand, on the other hand, an attempt and 
not without success has been made to combine considerable 
local powers with a general Government at the centre. 

In this Bill the division of pqwers Jias been mainly effected 
by a distinct classification! That classification is fourfold. 1st, 
those subjects of legislation which are attributed to the Central 
Parliament exclusively ; 2nd, those which belong to the Pro- 
vincial Legislatures exclusively ; 3rd, those which are subjects 
of concurrent legislation ; and 4th, a particular question which 
is dealt with exceptionally. To the Central Parliament belong 
all questions of the public debt or property, all regulations with 
regard to trade or commerce, customs and excise, loans, the 
raising of revenue by any mode or system of taxation, all pro- 
visions as to currency, coinage, banking, postal arrangements, 
the regulation of the census, and the issue and collection of 
statistics. To the Central Parliament will also be assigned the 
enactment of criminal law. The administration of it indeed is 
vested in the local authorities ; but the power of general legisla- 
tion is very properly reserved for the Central Parliament. And 
in this I cannot but note a wise departure from the system pur- 
sued in the United States, where each State is competent to deal 



SPEECH OF THE EARL OF CARNARVON 195 

as it may please with its criminal code, and where an offence 
may be visited with one penalty in the State of New York, and 
with another in the State of Virginia. The system here pro- 
posed is, 1 believe, a better and safer one ; and I trust that 
before very long the criminal law of the four Provinces may be 
assimilated and assimilated, I will add, upon the basis of 
English procedure. Lastly, the fisheries, the navigation and 
shipping, the quarantine regulations, the lighting of the coast, 
and the general question of naval and military defence, will be 
placed under the exclusive control of the Central Government. 

The principal subjects reserved to the Local Legislatures are 
the sale and management of the public lands, the control of their 
hospitals, asylums, charitable and municipal institutions, and the 
raising of money by means of direct taxation. The several 
Provinces, which are now free to raise a revenue as they may 
think fit, surrender to the Central Parliament all powers under 
this head except that of direct taxation. Lastly, and in con- 
formity with all recent colonial legislation, the Provincial Legis- 
latures are empowered to amend their own constitutions. But 
there is, as I have said, a concurrent power of legislation to be 
exercised by the Central and the Local Parliaments. It extends 
over three separate subjects immigration, agriculture, public 
works. Of these the two first will in most cases probably be 
treated by the Provincial authorities. They are subjects which 
in their ordinary character are local ; but it is possible that they 
may have, under the changing circumstances of a young country, 
a more general bearing, and therefore a discretionary power of 
interference is wisely reserved to the Central Parliament. Public 
works fall into two classes : First, those which are purely local, 
siich as roads and bridges, and municipal buildings and these 
belong not only as a matter of right, but also as a matter of duty, 
to the local authorities. Secondly, there are public works which, 
though possibly situated in a single Province, such as telegraphs, 
and canals, and railways, are yet of common import and value 
to the entire Confederation, and over these it is clearly right that 
the Central Government should exercise a controlling authority. 

Lastly, in the 93rd clause, which contains the exceptional 
provisions to which I referred, your Lordships will observe some 
rather complicated arrangements in reference to education. I 



196 FEDEBAL AND UNIFIED CONSTITUTIONS 

need hardly say that that great question gives rise to nearly as 
much earnestness and division of opinion on that as on this side 
of the Atlantic. This clause has been framed after long and 
anxious controversy, in which all parties have been represented, 
and on conditions to which all have given their consent. It is 
an understanding which, as it only concerns the local interests 
affected, is not one that Parliament would be willing to disturb, 
even if in the opinion of Parliament it were susceptible of amend- 
ment ; but I am bound to add, as the expression of my own 
opinion, that the terms of the agreement appear to me to be 
equitable and judicious. For the object of the clause is to secure 
to the religious minority of one Province the same rights, 
privileges, and protection, which the religious minority of another 
Province may enjoy. The Koman Catholic minority of Upper 
Canada, the Protestant minority of Lower Canada, and the 
Boman Catholic minority of the Maritime Provinces, will thus 
stand on a footing of entire equality. But in the event of any 
wrong at the hand of the local majority, the minority have a 
right to appeal to the Governor-General in Council, and may 
claim the application of any remedial laws that may be necessary 
from the Central Parliament of the Confederation. 

In closing my observations upon the distribution of powers, 
I ought to point out that just as the authority of the Central 
Parliament will prevail whenever it may come into conflict with 
the Loc.il Legislatures, so the residue of legislation, if any, un- 
provided for in the specific classification which I have explained, 
will belong to the central body. It will be seen, under the 
91st clause, that the classification is not intended " to restrict 
the generality " of the powers previously given to the Central 
Parliament, and that those powers extend to all laws made " for 
the peace, order, and good government " of the Confederation 
terms which, according to all precedent, will, I understand, 
carry with them an ample measure of legislative authority. . . . 

I have now stated the general principles upon which this 
measure is founded. But to so large a scheme, as might 
naturally be expected, objections have been made ; and these 
objections, or some of them, ifc is my duty to indicate. And 
first, it has been urged that this Union should have been a 
legislative rather than a federal one. I admit, to a certain 



SPEECH OP THE EAEL OF CARNARVON 197 

extent, the validity of the objection. When Upper and Lower 
Canada were connected in a legislative Union, Lord Durham 
distinctly contemplated a similar incorporation of the Maritime 
Provinces. Nor are there wanting to this opinion many of the 
ablest of Canadian statesmen. But the answer is sirnph this 
that a legislative Union is, under existing circumstances, im- 
practicable. The Maritime Provinces are ill-disposed to surrender 
their separate life, and to merge their individuality in the political 
organization of the general body. It is in their case impossible, 
even if it were desirable, by a stroke of the pen to bring about a 
complete assimilation of their institutions to those of their neigh- 
bours. Lower Canada, too, is jealous, as she is deservedly proud, 
of her ancestral customs and traditions ; she is wedded to her 
peculiar institutions, and will enter this Union only upon the 
distinct understanding that she retains them. The 42nd Article 
of the Treaty of Capitulation in 1760, when Canada was ceded 
by the Marquis de Vaudreuil to General Amhurst, runs thus 
" Ijes Franqois et Canadians continueront d'etre gouvernes sutvan* 
la Coutume de Paris et les loix et usages etablis pour ce, pays" 

The Coutume de Paris is still the accepted basis of their Civil 
Code, and their national institutions have been alike respected 
by their i'ellow- subjects and cherished by themselves. And it 
is with these feelings and on these terms that Lower Canada 
now consents to enter this Confederation. 

But it has been objected that this union of Provinces will be 
a kingdom, not a Confederation, and that being an embodiment 
of the monarchical principle, it will constitute a challenge, to our 
powerful republican neighbour across the border. Now 1 am at 
a loss to understand how these Provinces, when united, can be 
one whit more or [one] whit less of a kingdom than when 
separate. There will be, with some few modifications, the same 
institutions, the same forms of government, and even the same 
men to give life and movement to them. It is but a develop- 
ment of the existing system. But whilst it is attacked by one 
critic as too monarchical in its character, it is assailed by another 
as too republican, and we are warned that it must ere long on 
American soil become a Republic, and lead to the dismember- 
ment of the Empire. Now I do not see special cause for appre- 
hension from republican anv more than from monarchical dangers. 



198 FEDERAL AND UNIFIED CONSTITUTIONS 

but I must submit that, at all events, the two allegations are 
fatally inconsistent with each other. 

Again, it has been said that this great scheme owes its origin 
to the lust of territorial dominion on the part of one State, and 
that it is solely referable to the overweening ambition of Canada 
to exercise a supremacy over her sister Provinces. For this 
allegation I cannot see the smallest groundwork of argument ; 
and, looking to the past history and the ordinary probabilities of 
these colonies, I can conceive nothing more unlikely than a 
combination of Upper and Lower Canada as against the Maritime 
Provinces. If, indeed, any one of these Provinces has a reason- 
able ground for apprehension, it is Lower Canada, with its 
distinct race arid language and institutions, rather than Nova 
Scotia and New Brunswick, which are in all essentials so akin 
to the great and populous Province of Upper Canada. But 
whilst this large scheme of union has been attributed to the 
desire of political supremacy on the part of Canada, it is in the 
same breath referred to the irreconcilable differences which are 
supposed to have divided Upper and Lower Canada. I believe, 
for my own part, that those differences have been greatly 
exaggerated ; but anyhow it is clear that the two objections 
cannot both be correct. They destroy each other. And this, 
indeed, I may observe, is the case with several other objections 
that have been urged ; as when, in England, we are told that 
the object of this scheme is the imposition of fresh burdens upon 
the mother country, and, iu America, that its object will be the 
imposition of pecuniary charges upon the Maritime Provinces. 

. . . Let me now review some of the advantages which may 
be reasonably anticipated. And first, I hope that this measure 
may well and effectually compose some of those complaints which 
from time to time must arise out of such an union as that 
which at present subsists between Upper and Lower Canada. 
It has, for instance, been said, that whilst Upper Canada 
possesses the largest population, she has only an equal voice in 
the representation of their common interests in the joint Legisla- 
ture. But this inequality will be redressed by the principle of 
representation according to population, upon which the House 
of Commons is to be constituted. Nor will Upper Canada gain 
unduly by this arrangement, for whilst her interests will be 



SPEECH OF THK EARL OF CARNARVON 199 

protected by a representation in accordance with population in 
the Lower House, the interests of Lower Canada will be guarded 
by an equality of the sectional votes in the Upper House. 
Again, it has been said that whilst Upper Canada contributes 
the larger share of taxation, Lower Canada enjoys moro than 
her just portion of the public expenditure. That :il legation, 
whether well or ill-founded, also finds its answer in bhis "Bill. 
Henceforward, apart from the revenue raised for tlu i , common 
purposes of the Confederation, local taxation and expenditure 
will depend upon the local authorities. Thus, all those com- 
plaints which must arise under the ijircumstances of such an 
union as that which now exists complaints of partiality, of 
neglect, of mismanagement of roads, bridges, and those public 
works which are the very life of a young community, must 
cease. . . . 

But if the advantages of union are great in a military, a com- 
mercial, a material point of view, they are not, I think, less in 
the moral and political aspect of the question. When onct 
existing restrictions are removed, and the schools, the law courts 
the professions, the industries of these great Provinces ait: 
thrown open from one end to another, depend upon it a stimulus 
greater than any that has ever been known before in British 
North America will be applied to every form of mental or moral 
energy. . . . 



ACT OF PAKLIAMENT FOE THE CONFEDEEA- 
TION OF THE COLONIES OF BEITISH NOETH 
AMEEICA AS THE DOMINION OF CANADA. 
29 MARCH, 1867. 

[30 and 31 Viet. cap. 3. " Statutes at Large ".] 

An Act for the Union of Canada, Nova Scotia, and New 
Brunswick, and the Government thereof ; and for 
Purposes connected therewith. 

[29fe March 1867.] 

WHEREAS the Provinces of Canada, Nova Scotia, and 
New Brunswick have expressed their Desire to be federally 
united into One Dominion under the Crown of the United 
Kingdom of Great Britain and Ireland, with a Constitu- 
tion similar in Principle to that of the United Kingdom : 

And whereas such a Union would conduce to the Wel- 
fare of the Provinces and promote the Interests of the 
British Empire : 

And whereas on the Establishment of the Union by 
Authority of Parliament it is expedient, not only that the 
Constitution of the Legislative Authority in the Dominion 
be provided for, but also that the Nature of the Executive 
Government therein be declared : 

And whereas it is expedient that Provision be made 
for the eventual Admission into the Union of other Parts 
of British North America : 

Be it therefore enacted and declared by the Queen's 
most Excellent Majesty, by and with the Advice and Con- 
sent of the Lords Spiritual and Temporal, and Commons, 
in this present Parliament assembled, and by the Authority 
of the same, as follows : 

200 



BEITISH NORTH AMERICA ACT 201 

I. PRELIMINARY. 

1. This Act may be cited as The British North Amer- Short Title. 
ica.Act, 1867. 

2. The Provisions of this Act referring to Her Majesty Application of 
the Queen extend also to the Heirs and Successors of Ht r pjf^jj^to the 
Majesty, Kings and Queens of the United Kingdom of Queen. 
Great Britain and Ireland. 

II. UNION. 

3. It shall be lawful for the Queen, by and with the Declaration of 
Advice of Her Majesty's Most Honourable Privy Council, Union - 

to declare by Proclamation that, on and after a Day 
therein appointed, not being more than Six Months after 
the passing of this Act, the Provinces of Canada, Nova 
Scotia, and New Brunsivick shall form and be One 
Dominion under the Name of Canada ; and on and after 
that Day those Three Provinces shall form and be One 
Dominion under that Name accordingly. 

4. The subsequent Provisions of this Act shall, unless Construction 
it is otherwise expressed or implied, commence and have p f r "j^ 
effect on and after the Union, that is to say, on and after Act. 

the Day appointed for the Union taking effect in the Queen's 
Proclamation ; and in the same Provisions, unless it is 
otherwise expressed or implied, the Name Canada shall 
be taken to mean Canada as constituted under this Act. 

5. Canada shall be divided into Four Provinces, named Four Pro- 
Ontario, Quebec, Nova Scotia, and New Brunsivick. vmces. 

6. The Parts of the Province of Canada (as it exists at Provinces of 
the passing of this Act) which formerly constituted respec- 2"*^ and 
tively the Provinces of Upper Canada and Lower Canada 

shall be deemed to be severed, and shall form Two separate 
Provinces. The Part which formerly constituted the 
Province of Upper Canada shall constitute the Province 
of Ontario ; and the Part which formerly constituted the 
Province of Lower Canada shall constitute the Province 
of Quebec. 

7. The Provinces of Nova Scotia and New Brunswick Provinces of 
shall have the same Limits as at the passing of this ^ ^ tia 
Act. Brunswick. 



202 FEDERAL AND UNIFIED CONSTITUTIONS 



Decennial 
Census. 



Declaration of 
Executive 
Power in the 
Queen. 

Application of 
Provisions 
referring to 
Governor 
General. 



Constitution of 
Privy Council 
for Canada. 



All powers 
under Acts to 
be exercised 
by Governor 
General with 
Advice of 
Privy Council, 
or alone. 



8. In the general Census of the Population of Canada 
which is hereby required to be taken in the Year One 
thousand eight hundred and seventy-one, and in every 
Tenth Year thereafter, the respective Populations of thn 
Four Provinces shall be distinguished. 

III. EXECUTIVE POWER. 

9. The Executive Government and Authority of and 
over Canada is hereby declared to continue and be vested 
in the Queen. 

10. The Provisions of this Act referring to the Governor 
General extend and apply to the Governor General for the 
Time being of Canada, or other the Chief Executive Officer 
or Administrator for the Time being carrying on the 
Government of Canada on behalf and in the Name of the 
Queen, by whatever Title he is designated. 

11. There shall be a Council to aid and advise in the 
Government of Canada, to be styled the Queen's Privy 
Council for Canada ; and the Persons who are to be 
Members of that Council shall bo from Time to Time 
chosen and summoned by the Governor General and 
sworn in as Privy Councillors, and Members thereof may 
be from Time to Time removed by the Governor General. 

12. All Powers, Authorities, and Functions which 
under any Act of the Parliament of Great Britain, or of 
the Parliament of the United Kingdom of Great Britain 
and Ireland, or of the Legislature of Upper Canada, Lower 
Canada, Canada, Nova Scotia, or New Brunswick, are at 
the Union vested in or exerciseable by the respective 
Governors or Lieutenant Governors of those Provinces, 
with the Advice, or with the Advice and Consent, of the 
respective Executive Councils thereof, or in conjunction 
with those Councils, or with any Number of Members 
thereof, or by those Governors or Lieutenant Governors 
individually, shall, as far as the same continue in existence 
and capable of being exercised after the Union in relation 
to the Government of Canada, be vested in and exercise- 
able by the Governor General, with the Advice or with the 
Advice and Consent of or in conjunction with the .Queen's 



BRITISH NORTH AMERICA ACT 203 

Privy Council for Canada, or any Members thereof, or by 
the Governor General individually, as the Case requires, 
subject nevertheless (except with respect to such as exist 
under Acts of the Parliament of Great Britain or of the 
Parliament of the United Kingdom of Great Britain and 
Ireland) to be abolished or altered by the Parliament of 
Canada. 

13. The Provisions oi' this Act referring to the Governor Application or 
General in Council shall be construed as referring to the ^p^ng to 
Governor General acting by and with the Advice of theirovernor 
Queen's Privy Council for Canada. CoSSSi." 1 

14. It shall be lawful for the Queen, if Her Majesty Power to Her 
thinks fit, to authorize the Governor General from Time ** tl'orL* 
to Time to appoint any Person or any Persons jointly or Governor 
severally to be his Deputy or Deputies within any Part or ^p^ 1 to 
Parts of Canada, and in that Capacity to exercise during Deputies. 
the Pleasure of the Governor General such of the Powers, 
Authorities, and Functions of the Governor General as the 
Governor General deems it necessary or expedient to 

assign to him or them, subject to any Limitations or 
Directions expressed or given by the Queen ; but the 
Appointment of such a Deputy or Deputies shall not affect 
the Exercise by the Governor General himself of any 
Power, Authority, or Function. 

15. The Command-in-Chief of the Land and Naval Command of 
Militia, and of all Naval and Military Forces, of and in ^Se to 
Canada, is hereby declared to continue and be vested in be vested in 
the Queen. tlie Q aeen - 

16. Until the Queen otherwise directs, the Seat of Seat of 
Government of Canada shall be Ottawa. 1 * f 



IV. LEGISLATIVE POWER. 

17. There shall be One Parliament for Canada, con- Constitution of 
sisting of the Queen, an Upper House styled the Senate, Canada eUt f 
and the House of Commons. 

18. The Privileges, Immunities, and Powers to be Privileges, &c. 
held, enjoyed, and exercised by the Senate and by the of Hous <'*- 
House of Commons and by the Members thereof respec- 

tively shall be such as are from Time to Time defined by 
Act of the Parliament of Canada, but so that the same 



204 FEDEEAL AND UNIFIED CONSTITUTIONS 

shall never exceed those at the passing of this Act held, 

enjoyed, and exercised by the Commons House of Parlia- 

ment of the United Kingdom of Great Britain and Ireland 

and by the Members thereof. 

First Session of 19. The Parliament of Canada shall be called together 
the ^Parliament not j ater t h an gj x Months after the Union. 
Yearly Session 20. There shall be a Session of the Parliament of 
of the Parlia- Canada once at least in every Year, so that Twelve 
Canada. Months shall not intervene between the last Sitting of the 

Parliament in one Session and its first Sitting in the next 

Session. 

The Senate. 

Number of 21. The Senate shall, subject to the Provisions of this 

Senators. Act, consist of Severity-two Members, who shall be styled 

Senators. 
Representation 22. In relation to the Constitution of the Senate 



Canada shall be deemed to consist of Three Divisions : 

1. Ontario; 

2. Quebec; 

3. The Maritime Provinces, Nova Scotia and New 
Brunswick ; 

which Three Divisions shall (subject to the Provisions of 
this Act) be equally represented in the Senate as follows : 
Ontario by Twenty-four Senators ; Quebec by Twenty- 
four Senators ; and the Maritime Provinces by Twenty- 
four Senators ; Twelve thereof representing Nova Scotia, 
and Twelve thereof representing New Brunswick. 

In the Case of Quebec each of the Twenty-four Senators 
representing that Province shall be appointed for One 
of the Twenty-four Electoral Divisions of Lower Canada 
specified in Schedule A. to Chapter One of the Consolidated 
Statutes of Canada. 

Qualifications 23. The Qualifications of a Senator shall be as follows : 
of Senator. ^ He shall be Q the full Age Q Thirty Yearg . 

(2) He shall be either a natural-born Subject of the 
Queen, or a Subject of tho Queen naturalized by 
an Act of the Parliament of Great Britain, or of 
the Parliament of the United Kingdom of Great 
Britain and Ireland, or of the Legislature of One 



BRITISH NORTH AMERICA ACT 205 

of the Provinces of Upper Canada, Lower Canada, 
Canada, Nova Scotia, or New Brunswick, before 
the Union, or of the Parliament of Canada after 
the Union : 

(3) Ho shall be legally or equitably seised as of Free- 

hold for his own Use and Benefit of Lands or 
Tenements held in Free and Common Socag >, or 
seised or possessed for his own Use and Benefit 
of Lands or Tenements held in Francalleu or in 
Roture, within the Province for which he is 
appointed, of the Value of Four thousand Dollars, 
over and above all Rents, Dues, Debts, Charges, 
Mortgages, and Incumbrances due or payable 
out of or charged on or affecting the same : 

(4) His Real and Personal Property shall be together 

worth Four thousand Dollars over and above his 
Debts and Liabilities : 

(5) He shall be resident in the Province for which he 

is appointed : 
(fi) In the case of Quebec he shall have his Real 

Property Qualification in the Electoral Division 

for which he is appointed, or shall be resident in 

that Division. 

- 24. The Governor General shall from Time to Time, Summons of 
in the Queen's Name, by Instrument under the Great Seal Senator. 
of Canada, summon qualified Persons to the Senate ; and, 
subject to the Provisions of this Act, every Person so sum- 
moned shall become and be a Member of the Senate and 
a Senator. 

25. Such Persons shall be first summoned to the Summons of 
Senate as the Queen by Warrant under Her Majesty's g^tors^ f 
Royal Sign Manual thinks fit to approve, and their Names 

shall be inserted in the Queen's Proclamation of Union. 

26. If at any Time on the Recommendation of the Addition of 
Governor General the Queen thinks fit to direct that 

Three or Six Members be added to the Senate, the 
Governor General may by Summons to Three or Six 
qualified Persons (as the Case may be), representing equally 
the Three Divisions of Canada, add to the Senate accord- 
ingly. 



206 FEDERAL AND UNIFIED CONSTITUTIONS 

Reduction of 27. In case of such Addition being at any Time made, 

normal* tlie Governor General shall not summon any Person to 

Number. the Senate, except on a further like Direction by the Queen 

on the like Eecommendation, until each of the Three 

Divisions of Canada is represented by Twenty-four 

Senators and no more. 

Maximum 28. The Number of Senators shall not at any Time 

Senato".'"' exceed Seventy-eight. 
Tenure of 29. A Senator shall, subject to the Provisions of this 

. S?nate. n Act ' hold his Place in the Senate for Life. 

Resignation of 30. A Senator may by Writing under his Hand ad- 
Senate 1 " dressed to the Governor General resign his Place in the 

Senate, and thereupon the same shall be vacant. 

Disqualify- 31. The Place of a Senator shall become vacant in any 

Senat, of the following Cases : 

(1) If for Two consecutive Sessions of the Parlia- 

ment he fails to give his Attendance in the 
Senate : 

(2) If he takes an Oath or makes a Declaration or 

Acknowledgment of Allegiance, Obedience, or 
Adherence to a Foreign Power, or does an Act 
whereby he becomes a Subject or Citizen, or en- 
titled to the rights or Privileges of a Subject or 
Citizen, of a Foreign Power : 

(3) If he is adjudged Bankrupt or Insolvent, or applies 

for the Benefit of any Law relating to Insolvent 
Debtors, or becomes a public Defaulter : 

(4) If he is attainted of Treason or convicted of Felony 

or of any infamous Crime : 

(5) If he ceases to be qualified in respect of Property or 

of Residence ; provided, that a Senator shall not 
be deemed to have ceased to be qualified in respect 
of Residence by reason only of his residing at the 
Seat of the Government of Canada while holding 
an Office under that Government requiring his 
Presence there. 

Summons on 32. When a Vacancy happens in the Senate by Resig- 

Sen C ate? y m nation, Death, or otherwise, the Governor General shall 

by Summons to a fit and qualified Person fill the Vacancy. 



BEITISH NORTH AMERICA ACT 207 

33. If any Question arises respecting the Qualifica- Questions as to 
tion of a Senator or a Vacancy in the Senate the same Jj-"* Vacancies 
shall be heard and determined by the Senate. in Senate. 

34. The Governor General may from Time to Time, Appointment 
by Instrument under the Great Seal of Canada, appoint age^^ 
Senator to be Speaker of the Senate, and may remove 

him and appoint another in his Stead. 

35. Until the Parliament of Canada otherwise pro- Quorum of 
vides, the Presence of at least Fifteen Senators, including beTiate ' 
the Speaker, shall be necessary to constitute a Meeting of 

the Senate for the Exercise of its Powers. 

36. Questions arising in the Senate shall be decided Voting in 
by a Majority of Voices, and the Speaker shall in all Cases ^ enate - 
have a Vote, and when the Voices are equal the Decision 

shall be deemed to be in the Negative. 

The House of Commons. 

37- The House of Commons shall, subject to the Pro- Constitution of 
visions of this Act, consist of One hundred and eighty-one ^oinnions in 
Members, of whom Eighty-two shall be elected for Ontario, Canada. 
Sixty-five for Quebec, Nineteen for Nova Scotia, and Fifteen 
for New Brunswick. 

38. The Governor General shall from Time to Time, Summoning of 
in~the Queen's Name, by Instrument under the Great 

of Canada, summon and call together the House of 
Commons. 

39. A Senator shall not be capable of being elected or Senators not to 
of sitting or voting as a Member of the House of Commons, coimnmis 186 f 

40. Until the Parliament of Canada otherwise pro- Electoral 
vides, Ontario, Quebec, Nova Scotia, and New Brunswick j^f p^ * 
shall, for the Purposes of the Election of Members to provinces, 
serve in the House of Commons, be divided into Electoral 
Districts as follows : 

1. Ontario. 

Ontario shall be divided into the Counties, Ridings of 
Counties, Cities, Parts of Cities, and Towns enumerated 
in the First Schedule to this Act, each whereof shall be 
an Electoral District, each such District as numt 
that Schedule being entitled to return Onp 



208 FEDEEAL AND UNIFIED CONSTITUTIONS 

2. Quebec. 

Quebec shall be divided into Sixty-five Electoral Dis- 
tricts, composed of the Sixty-five Electoral Divisions into 
which Lower Canada is at the passing of this Act divided 
tinder Chapter Two of the Consolidated Statutes of Canada, 
Chapter Seventy-five of the Consolidated Statutes for 
Lower Canada, and the Act of the Province of Canada of 
the Twenty-Third Year of the Queen, Chapter One, or 
any other Act amending the same in force at the Union, 
so that each such Electoral Division shall be for the Pur- 
poses of this Act an Electoral District entitled to return 
One Member. 

3. Nova Scotia. 

Each of the Eighteen Counties of Nova Scotia shall be 
an Electoral District. The County of Halifax shall be 
entitled to return Two Members, and each of the other 
Counties One Member. 

4. New Brunswick. 

Each of the Fourteen Counties into which New 
Brunswick is divided, including the City and County of 
St. John, shall be an Electoral District. The City of St. 
John shall also be a separate Electoral District. Each of 
those Fifteen Electoral Districts shall be entitled to return 
One Member. 

Continuance of 41. Until the Parliament of Canada otherwise pro- 
existing Elec- V id e8 a u Laws in force in the several Provinces at the 

tion Laws until '. i < n T\/T 

Parliament of Union relative to the following Matters or any of them, 
narae ty> * ne Qualifications and Disqualifications of 
Persons to be elected or to sit or vote as Members of the 
House of Assembly or Legislative Assembly in the several 
Provinces, the Voters at Elections of such Members, the 
Oaths to be taken by Voters, the Eeturning Officers, their 
Powers and Duties, l^fe Proceedings at Elections, the 
Periods during whichr Elections may be continued, the 
Trial of controverted Elections, and Proceedings incident 
thereto, the vacating of Seats of Members, and the Execu- 
tion of new Writs in case of Seats vacated otherwise than 
by Dissolution, shall respectively apply to Elections of 



BRITISH NORTH AMERICA ACT 209 

Members to serve in the House of Commons for the same 
several Provinces. 

Provided that, until the Parliament of Canada other- 
wise provides, at any Election for a Member of the House 
of Commons for the District of Algoma, in addition to 
Persons qualified by the Law of the Province of Canada 
to vote, every Male British Subject aged Twenty-oue 
Years or upwards, being a Householder, shall have a Vote. 

42. For the First Election of Members to serve in the Writs for First 
House of Commons the Governor General shall cause Ele(>tl<)11 - 
Writs to be issued by such Person, in such Form, and 
addressed to such Returning Officers as he thinks fit. 

The Person issuing Writs under this Section shall 
have the like Powers as are possessed at the Union by 
the Officers charged with the issuing of Writs for the 
Election of Members to serve in the respective House 
of Assembly or Legislative Assembly of the Province of 
Canada, Nova Scotia, or New Brunswick; and the Re- 
turning Officers to whom Writs are directed under this 
Section shall have the like Powers as are possessed at the 
Union by the Officers charged with the returning of Writs 
for the Election of Members to serve in the same respec- 
tive House of Assembly or Legislative Assembly. 

43. Jn case a Vacancy in the Representation in the AS to Casual 
House of Commons of any Electoral District happens Vacancies. 
before the Meeting of the Parliament, or after the Meeting 

of the Parliament before Provision is made by the Parlia- 
ment in this Behalf, the Provisions of the last foregoing 
Section of this Act shall extend and apply to the issuing 
and returning of a Writ in respect of such vacant District. 

44. The House of Commons on its first assembling AS to Election 
after a General Election shall proceed with all practicable ^P^ev of 
Speed to elect One of its Members to be Speaker. Commons. 

45- In case of a Vacancy happening in the Office of AS to filling up 
Speaker by Death, Resignation, or otherwise, the House of QJ^of m 
Commons shall with all practicable Speed proceed to elect Speaker. 
another of its Members to be Speaker. 

46. The Speaker shall preside at all Meetings of the Speaker to 
House of Commons. preside ' 

14 



210 FEDERAL AND UNIFIED CONSTITUTIONS 



Provision in 



Quorum of 
House of 
Commons. 



Voting in 
House of 
Commons. 



Duration of 
House of 
Commons. 



Decennial 

of E( 
tion. 



47- Until the Parliament of Canada otherwise provides, 
in case of the Absence for any Reason of the Speaker from 
the Chair of the House of Commons for a Period of Forty- 
eight consecutive Hours, the House may elect another of 
its Members to act as Speaker, and the Member so elected 
shall during the Continuance of such Absence of the 
Speaker have and execute all the Powers, Privileges, and 
Duties of Speaker. 

48- The Presence of at least Twenty Members of the 
House of Commons shall be necessary to constitute a 
Meeting of the House for the Exercise of its Powers, and 
for that Purpose the Speaker shall be reckoned as a 
Member. 

49- Questions arising in the House of Commons shall 
be decided by a Majority of Voices other than that of the 
Speaker, and when the Voices are equal, but not otherwise, 
the Speaker shall have a Vote. 

50- Every House of Commons shall continue for Five 
Years from the Day of the Return of the Writs for choosing 
the House (subject to be sooner dissolved by the Governor 
General), and no longer. 

51- On the Completion of the Census in the Year One 
thousand eight hundred and seventy-one, and of each 
subsequent decennial Census, the Representation of the 
Four Provinces shall be re-adjusted by such Authority, in 
such a Manner, and from such Time, as the Parliament of 
Canada from Time to Time provides, subject and accord- 
ing to the following Rules : 

(1) Quebec shall have the fixed Number of Sixty-five 

Members : 

(2) There shall be assigned to each of the other 

Provinces such a Number of Members as will 
bear the same Proportion to the Number of 
its Population (ascertained at such Census) as 
the Number Sixty-five bears to the Number of 
the Population of Quebec (so ascertained) : 

(3) In the computation of the Number of Members for 

a Province a fractional Part not exceeding One 
Half of the whole Number requisite for entitling 



BRITISH NOETH AMERICA ACT 211 

the Province to a Member shall be disregarded ; 
but a fractional Part exceeding One Half of that 
Number shall be equivalent to the whole 
Number : 

(4) On any such Re-adjustment the Number of 

Members for a Province shall not be reduced 
unless the Proportion which the Number of the 
Population of the Province bore to the Number 
of the aggregate Population of Canada at the 
then last preceding Re-adjustment of the Number 
of Members for the Province is ascertained at the 
then latest Census to be diminished by One 
Twentieth Part or upwards : 

(5) Such Re-adjustment shall not take effect until the 

Termination of the then existing Parliament. 
52- The Number of Members of the House of Commons Increase of 
may be from Time to Time increased by the Parliament ^"wTof Ot 
of Canada, provided the proportionate Representation of Commons. 
the Provinces prescribed by this Act is not thereby dis- 
turbed. 

Money Votes ; Eoyal Assent. 

53. Bills for appropriating any Part of the Public Appropriation 
Revenue, or for imposing any Tax or Impost, shall originate and Tax Bllls * 
in the House of Commons. 

54- It shall not be lawful for the House of Commons Recommenda- 
to adopt or pass any Vote, Resolution, Address, or Bill f or ^^ Mone y 
the Appropriation of any Part of the Public Revenue, or 

of any Tax or Impost, to any Purpose that has not been 
first recommended to that House by Message of the 
Governor General in the Session in which such Vote, 
Resolution, Address, or Bill is proposed. 

55- Where a Bill passed by the Houses of the Parlia- Royal Assent 
ment is presented to the Governor General for the Queen's to Bllls &c - 
Assent, he shall declare, according to his Discretion, but 

subject to the Provisions of this Act and to Her Majesty's 
Instructions, either that he assents thereto in the Queen's 
Name, or that he withholds the Queen's Assent, or that 
he reserves the Bill for the Signification of the Queen's 
Pleasure. 



212 FBDEEAL AND UNIFIED CONSTITUTIONS 



Governor 
General. 



Disallowance 56- Where the Governor General assents to a Bill in 

Cou^cU^rAct *ke Queen's Name, he shall by the first convenient Oppor- 
assented to by tunity send an authentic Copy of the Act to One of Her 
Majesty's Principal Secretaries of State, and if the Queen 
in Council within Two Years after Eeceipt thereof by the 
Secretary of State thinks fit to disallow the Act, such Dis- 
allowance (with a Certificate of the Secretary of State of 
the Day on which the Act was received by him) being 
signified by the Governor General, by Speech or Message 
to each of the Houses of the Parliament or by Proclama- 
tion, shall annul the Act from and after the Day of such 
Signification. 

Signification of 57- A Bill reserved for the Signification of the Queen's 

Pleasure on Pleasure shall not have any Force unless and until, within 

Bill reserved. Two Years from the Day on which it was presented to the 

Governor General for the Queen's Assent, the Governor 

General signifies, by Speech or Message to each of the 

Houses of the Parliament or by Proclamation, that it has 

received the Assent of the Queen in Council. 

An Entry of every such Speech, Message, or Proclama- 
tion shall be made in the Journal of each House, and a 
Duplicate thereof duly attested shall be delivered to the 
proper Officer to be kept among the Eecords of Canada. 

V. PROVINCIAL CONSTITUTIONS. 

Executive Power. 



Appointment 
of Lieutenant 
Governors of 
Provinces. 



Tenure of 
Office of 
Lieutenant 
Governor. 



58- For each Province there shall be an Officer, styled 
the Lieutenant Governor, appointed by the Governor 
General in Council by Instrument under the Great Seal of 
Canada. 

59. A Lieutenant Governor shall hold Office during 
the Pleasure of the Governor General ; but any Lieutenant 
Governor appointed after the Commencement of the First 
Session of the Parliament of Canada shall not be remove- 
able within Five Years from his Appointment, except for 
Cause assigned, which shall be communicated to him in 
Writing within One Month after the Order for his 
Kemoval is made, and shall be communicated by Message 
to the Senate and to the House of Commons, within One 



BRITISH NOETH AMEBICA ACT 213 

Week thereafter if the Parliament is then sitting, and if 
not then within One Week after the Commencement of 
the next Session of the Parliament. 

60- The Salaries of the Lieutenant Governors shall be Salaries of 
fixed and provided by the Parliament of Canada. Itwf. 

61. Every Lieutenant Governor shall, before assuming Oaths, &c., of 
the Duties of his Office, make and subscribe before the o^vernor^ 
Governor General or some Person authorized by him 
Oaths of Allegiance and Office similar to those taken by 
the Governor General. 

62- The Provisions of this Act referring to the Application ot 
Lieutenant Governor extend and apply to the Lieutenant ^t'e^Tto 
Governor for the Time being of each Province, or other Lieutenant 
the Chief Executive Officer or Administrator for the Time Governor - 
being carrying on the Government of the Province, by 
whatever Title he is designated. 

63. The Executive Council of Ontario and of Quebec Appointment 
shall be composed of such Persons as the Lieutenant offim-rior' 
Governor from Time to Time thinks lit, and in the Ontario and 
iirst instance, of the following Officers, namely the ( ^ uebec - 
Attorney General, the Secretary and Eegistrar of the Pro- 
vince, the Treasurer of the Province, the Commissioner of 

Crown Lands, and the Commissioner of Agriculture and 
Public Works, with in Quebec the Speaker of the Legisla- 
tive Council and the Solicitor General. 

64. The Constitution of the Executive Authority in Executive 
each of the Provinces of Nova Scotia and New ^^nswzcJc^^^ of 
shall, subject to the Provisions of this Act, continue as it and New 
exists at the Union until altered under the Authority o f Brttlwwick - 
this Act. 

65. All Powers, Authorities, and Functions which Powers to be 
under any Act of the Parliament of Great Britain, or of j^eliant 7 
the Parliament of the United Kingdom of Great Britain Governor of 
and Ireland, or of the Legislature of Upper Canada, oJJ^^ lh 
Lower Canada, or Canada, were or are before or at the Advice, or 
Union vested in or exerciseable by the respective Gover- alone - 
nors or Lieutenant Governors of those Provinces, with the 

Advice or with the Advice and Consent of the respective 
Executive Councils thereof, or in conjunction with those 



214 FEDEEAL AND UNIFIED CONSTITUTIONS 

Councils, or with any Number of Members thereof, or by 
those Governors or Lieutenant Governors individually, 
shall, as far as the same are capable of being exercised 
after the Union in relation to the Government of Ontario 
and Quebec respectively, be vested in and shall or may be 
exercised by the Lieutenant Governor of Ontario and 
Quebec respectively, with the Advice or with the Advice and 
Consent of or in conjunction with the respective Executive 
Councils, or any Members thereof, or by the Lieutenant 
Governor individually, as the Case requires, subject never- 
theless (except with respect to such as exist under Acts of 
the Parliament of Great Britain, or of the Parliament of 
the United Kingdom of Great Britain and Ireland,) to be 
abolished or altered by the respective Legislatures of 
Ontario and Quebec. 

\pplication of 66. The Provisions of this Act referring to the Lieu- 
Sfemng^o tenant Governor in Council shall be construed as referring 
Lieutenant to the Lieutenant Governor of the Province acting by and 
^uncU r in with the Ad vice of the Executive Council thereof. 
Administration 67. The Governor General in Council may from Time 
xf Li^tena'nt 6 ' ^ ^ ime appoint an Administrator to execute the Office 
Governor. and Functions of Lieutenant Governor during his Absence, 

Illness, or other Inability. 

of 68. Unless and until the Executive Government of 

ts anv Province otherwise directs with respect to that Pro- 
vince, the Seats of Government of the Provinces shall be 
as follows, namely, of Ontario, the City of Toronto ; of 
Quebec, the City of Quebec; of Nova Scotia, the City of 
Halifax ; and of New Brunswick, the City of Fredericton. 

Legislative Power. 1. Ontario. 

Legislature for 69. There shall be a Legislature for Ontario consisting 
Ontario. o fa e Lieutenant Governor and of One House, styled the 

Legislative Assembly of Ontario. 

Electoral 70. The Legislative Assembly of Ontario shall be corn- 

Districts, posed of Eighty-two Members, to be elected to represent 

the Eighty-two Electoral Districts set forth in the First 

Schedule to this Act. 



BEITISH NOKTH AMERICA ACT 215 

2. Quebec. 

71. There shall be a Legislature for Quebec consisting Legislature for 
of the Lieutenant Governor and of Two Houses, styled the Q uebec - 
Legislative Council of Quebec and the Legislative Assembly 

of Quebec. 

72. The Legislative Council of Quebec shall be com- Constitution of 
posed of Twenty-four Members, to be appointed by the 
Lieutenant Governor, in the Queen's Name, by Instru- 
ment under the Great Seal of Quebec, one being appointed 

to represent each of the Twenty-four Electoral Divisions 
of Lower Canada in this Act referred to, and each hold- 
ing Office for the Term of his Life, unless the Legislature 
of Quebec otherwise provides under the Provisions of this 
Act, 

73- The Qualifications of the Legislative Councillors Qualification of 
of Quebec shall be the same as those of the Senators for Q^^ 1 ^ 
Quebec. 

74. The Place of a Legislative Councillor of Quebec Resignation, 
shall become vacant in the Cases, mutatis mutandis, in J^^!^" 
which the Place of Senator becomes vacant. 

75. When a Vacancy happens in the Legislative Vacancies. 
Council of Quebec by Eesignation, Death, or otherwise, the 
Lieutenant Governor, in the Queen's Name, by Instru- 
ment under the Great Seal of Quebec, shall appoint a fit 

and qualified Person to fill the Vacancy. 

76. If any Question arises respecting the Qualification Questions as to 
of a Legislative Councillor of Quebec, or a Vacancy in the Vacancies &c - 
Legislative Council of Quebec, the same shall be heard and 
determined by the Legislative Council. 

77. The Lieutenant Governor may from Time to Time, Speaker of 
by Instrument under the Great Seal of Quebec, appoint a 
Member of the Legislative Council of Quebec to be Speaker 
thereof, and may remove him and appoint another in his 
Stead. 

78. Until the Legislature of Quebec otherwise pro- Quorum of 
vides, the Presence of at least Ten Members of the 
Legislative Council, including the Speaker, shall be 
necessary to constitute a Meeting for the Exercise of its 
Powers. 



216 FEDERAL AND UNIFIED CONSTITUTIONS 

Voting in 79. Questions arising in the Legislative Council of 

Council! Quebec shall be decided by a Majority of Voices, and the 

Speaker shall in all Cases have a Vote, and when the 

Voices are equal the Decision shall be deemed to be in 

the Negative. 

Constitution of 80. The Legislative Assembly of Quebec shall be com- 
Assem^lyof P ose( * of Sixty-five Members, to be elected to represent the 
Quebec. Sixty-five Electoral Divisions or Districts of Lower Canada 

in this Act referred to, subject to Alteration thereof by 
the Legislature of Quebec : Provided that it shall not be 
lawful to present to the Lieutenant Governor of Quebec 
for Assent any Bill for altering the Limits of any of the 
Electoral Divisions or Districts mentioned in the Second 
Schedule to this Act, unless the Second and Third Eead- 
ings of such Bill have been passed in the Legislative 
Assembly with the Concurrence of the Majority of the 
Members representing all those Electoral Divisions or 
Districts, and the Assent shall not be given to such Bill 
unless an Address has been presented by the Legislative 
Assembly to the Lieutenant Governor stating that it has 
been so passed. 

3. Ontario and Quebec. 

First Session of 81. The Legislatures of Ontario and Quebec respectively 
Legislatures. sna ]l be called together not later than six months after the 

Union. 
Summoning of 82. The Lieutenant Governor of Ontario and of Quebec 



Legislative $\&\\ from Time to Time, in the Queen's Name, by Instru- 
ment under the Great Seal of the Province, summon and 
call together the Legislative Assembly of the Province. 
Restriction on 83. Until the Legislature of Ontario or of Quebec other- 
Election of wise provides, a Person accepting or holding in Ontario or in 
Offices Quebec any Office, Commission, or Employment, permanent 
or temporary, at the Nomination of tho Lieutenant 
Governor, to which an annual Salary, or any Fee, Allow- 
ance, Emolument, or Profit of any Kind or Amount 
whatever from the Province is attached, shall not be 
eligible as a Member of the Legislative Assembly of the 
respective Province, nor shall he sit and vote as such ; but 



BKITISH NOETH AMEKICA ACT 217 

nothing in this Section shall make ineligible any Person 
being a Member of the Executive Council of the respective 
Province, or holding any of the following Offices, that is 
to say, the Offices of Attorney General, Secretary and 
Kegistrar of the Province, Treasurer of the Province, Com- 
missioner of Crown Lands and Commissioner of Agri- 
culture and Public Works, and in Quebec Solicitor General, 
or shall disqualify him to sit or vote in the House for 
which he is elected, provided he is elected while holding 
such Office. 

84. Until the Legislatures of Ontario and Quebec re- Continuance of 
spectively otherwise provide, all Laws which at the Union ^ L^ s . eC ~ 
are in force in those Provinces respectively, relative to 

the following Matters, or any of them, namely, the 
Qualifications and Disqualifications of Persons to be 
elected or to sit or vote as Members of the Assembly of 
Canada, the Qualifications or Disqualifications of Voters, 
the Oaths to be taken by Voters, the Returning Officers 
their Powers and Duties, the Proceedings at Elections, the 
Periods during which such Elections may be continued, and 
the Trial of controverted Elections and the Proceedings 
incident thereto, the vacating of the seats of Members and 
the issuing and execution of new Writs in case of Seats 
vacated otherwise than by Dissolution, shall respectively 
apply to Elections of Members to serve in the respective 
Legislative Assemblies of Ontario and Quebec. 

Provided that, until the Legislature of Ontario other- 
wise provides, at any Election for a Member of the 
Legislative Assembly of Ontario for the District of Algoma, 
in addition to Persons qualified by the Law of the Province 
of Canada to vote, every Male British Subject, aged 
Twenty-one Years or upwards, being a Householder, shall 
have a Vote. 

85. Every Legislative Assembly of Ontario and every Duration of 
Legislative Assembly of Quebec shall continue for Four ^f 1 ^}^. 
Years from the Day of the Return of the Writs for choos- 
ing the same (subject nevertheless to either the Legislative 
Assembly of Ontario or the Legislative Assembly of Quebec 

being sooner dissolved by the Lieutenant Governor of the 
Province), and no longer. 



218 FEDEEAL AND UNIFIED CONSTITUTIONS 

Yearly Session 86. There shall be a Session of the Legislature of 

of Legislature. Q ntario and of that of Q ue l ec O nce at least in every Year, 

so that Twelve Months shall not intervene between the 

last Sitting of the Legislature in each Province in one 

Session and its first Sitting in the next Session. 

Speaker, 87. The following Provisions of this Act respecting 

Quorum, &c. the ^ouse of Commons of Canada shall extend and apply 
to the Legislative Assemblies of Ontario and Quebec, that 
is to say, the Provisions relating to the Election of a 
Speaker originally and on Vacancies, the Duties of the 
Speaker, the Absence of the Speaker, the Quorum, and the 
Mode of Voting, as if those Provisions were here re-enacted 
and made applicable in Terms to each such Legislative 
Assembly. 

4. Nova Scotia and New Brunswick. 

Constitutions of 88. The Constitution of the Legislature of each of the 
No^aScS 01 Provinces of Nova Scotia and New Brunswick shall, sub- 
and New ject to the Provisions of this Act, continue as it exists at 
Brunswick. tlie Um On until altered under the Authority of this Act ; 
and the House of Assembly of New Brunswick existing at 
the passing of this Act shall, unless sooner dissolved, con- 
tinue for the Period for which it was elected. 

5. Ontario, Quebec, and Nova Scotia. 

First Elections. 89. Each of the Lieutenant Governors of Ontario, 
Quebec, and Nova Scotia shall cause Writs to be issued for 
the First Election of Members of the Legislative Assembly 
thereof in such Form and by such Person as he thinks fit, 
and at such Time and addressed to such Eeturning Officer 
as the Governor General directs, and so that the First 
Election of Member of Assembly for any Electoral District 
or any Subdivision thereof shall be held at the same Time 
and at the same Places as the Election for a Member to 
serve in the House of Commons of Canada for that 
Electoral District. 

Application to 6. The Four Provinces. 

p?^ons eS f 90. The following Provisions of this Act respecting 
respecting the Parliament of Canada, namely, the Provisions re- 
Money Votes, 



BRITISH NORTH AMERICA ACT 219 

lating to Appropriation and Tax Bills, the Recommenda- 
tion of Money Votes, the Assent to Bills, the Disallowance 
of Acts, and the Signification of Pleasure on Bills reserved, 
shall extend and apply to the Legislatures of the 
several Provinces as if those * Provisions were here re- 
enacted and made applicable in Terms to the respective 
Provinces and the Legislatures thereof, with the Substitu- 
tion of the Lieutenant Governor of the Province for the 
Governor General, of the Governor General for the Queen 
and for a Secretary of State, of One Year for Two Years, 
and of the Province for Canada. 

VI. DISTRIBUTION OF LEGISLATIVE POWBBS. 

Powers of the Parliament. 
91. It shall be lawful for the Queen, by and with the Legislative 



advice and Consent of the Senate and House of Commons, 
to make Laws for the Peace, Order, and good Government Canada. 
of Canada, in relation to all Matters not coming within the 
Classes of Subjects by this Act assigned exclusively to the 
Legislatures of the Provinces ; and for greater Certainty, 
but not so as to restrict the Generality of the foregoing 
Terms of this Section, ifc is hereby declared that (notwith- 
standing anything in this Act) the exclusive Legislative 
Authority of the Parliament of Canada extends to all 
Matters coming within the Classes of Subjects next herein- 
after enumerated ; that is to say, 

1. The Public Debt and Property. 

2. The Regulation of Trade and Commerce. 

3. The raising of Money by any Mode or System of 

Taxation. 

4. The borrowing of Money on the Public Credit. 

5. Postal Service. 

6. The Census and Statistics. 

7. Militia, Military and Naval Service, and Defence. 

8. The fixing of and providing for the Salaries and 

Allowances of Civil and other Officers of the 
Government of Canada. 

9. Beacons, Buoys, Lighthouses, and Sable Island. 



220 FEDEEAL AND UNIFIED CONSTITUTIONS 

10. Navigation and Shipping. 

11. Quarantine and the Establishment and Mainten- 

ance of Marine Hospitals. 

12. Sea Coast and Inland Fisheries. 

13. Ferries between a Province and any British or 

Foreign Country or between Two Provinces. 

14. Currency and Coinage. 

15. Banking, Incorporation of Banks, and the Issue of 

Paper Money. 

16. Savings Banks. 

17. Weights and Measures. 

] 8. Bills of Exchange and Promissory Notes. 

19. Interest. 

20. Legal Tender. 

21. Bankruptcy and Insolvency. 

22. Patents of Invention and Discovery. 

23. Copyrights. 

24. Indians, and Lands reserved for the Indians. 

25. Naturalization and Aliens. 

26. Marriage and Divorce. 

27. The Criminal Law, except the Constitution of 

Courts of Criminal Jurisdiction, but including the 
Procedure in Criminal Matters. 

28. The Establishment, Maintenance, and Management 

of Penitentiaries. 

29. Such Classes of Subjects as are expressly excepted 

in the Enumeration of the Classes of Subjects by 
this Act assigned exclusively to the Legislatures 
of the Provinces. 

And any Matter coming within any of the Classes of 
Subjects enumerated in this Section shall not be deemed 
to come within the Class of Matters of a local or private 
Nature comprised in the Enumeration of the Classes of 
Subjects by this Act assigned exclusively to the Legislatures 
of the Provinces. 

Exclusive Powers of Provincial Legislatures. 

Subjects of 92. In each Province the Legislature may exclusively 

make Laws in relation to Matters coming within the 



Legislation. 



BRITISH NORTH AMERICA ACT 221 

Classes of Subjects next herein-after enumerated ; that is 
to say, 

1. The Amendment from Time to Time, notwithstand- 

ing anything in this Act, of the Constitution of 
the Province, except as regards the Office of 
Lieutenant Governor. 

2. Direct Taxation within the Province in order to 

the raising of a Revenue for Provincial Purposes. 

3. The borrowing of Money on the sole Credit of the 

Province. 

4. The Establishment and Tenure of Provincial 

Offices and the Appointment and Payment of 
Provincial Officers. 

5. The Management and Sale of the Public Lands 

belonging to the Province and of the Timber and 
Wood thereon. 

6. The Establishment, Maintenance, and Manage- 

ment of Public and Reformatory Prisons in and 
for the Province. 

7. The Establishment, Maintenance, and Manage- 

ment of Hospitals, Asylums, Charities, and 
Eleemosynary Institutions in and for the Pro- 
vince, other than Marine Hospitals. 

8. Municipal Institutions in the Province. 

9. Shop, Saloon, Tavern, Auctioneer, and other 

Licences in order io the raising of a Revenue for 
Provincial, Local, or Municipal Purposes. 
10. Local Works and Undertakings other than such 
as are of the following Classes : 

a. Lines of Steam or other Ships, Railways, 

Canals, Telegraphs, and other Workt, and 
Undertakings connecting the Province 
with any other or others of the Provinces, 
or extending beyond the Limits of the 
Province : 

b. Lines of Steam Ships between the Province 

and any British or Foreign Country : 

c. Such Works as, although wholly situate 

within the Province, are before or after 



222 FEDEEAL AND UNIFIED CONSTITUTIONS 

their Execution declared by the Parlia- 
ment of Canada to be for the general Ad- 
vantage of Canada or for the Advantage 
of Two or more of the Provinces. 

11. The Incorporation of Companies with Provincial 

Objects. 

12. The Solemnization of Marriage in the Province. 

13. Property and Civil Bights in the Province. 

14. The Administration of Justice in the Province, 

including the Constitution, Maintenance, and 
Organization of Provincial Courts, both of Civil 
and of Criminal Jurisdiction, and including Pro- 
cedure in Civil Matters in those Courts. 

15. The Imposition of Punishment by Fine, Penalty, 

or Imprisonment for enforcing any Law of the 
Province made in relation to any Matter coming 
within any of the Classes of Subjects enumerated 
in this Section. 

16. Generally all Matters of a merely local or private 

Nature in the Province. 

Education. 

Legislation 93. In and for each Province the Legislature may ex- 

respecting clusively make Laws in relation to Education, subiect and 

Education. J . . . ' J 

according to the following Provisions : 

(1) Nothing in any such Law shall prejudicially affect 

any Eight or Privilege with respect to De- 
nominational Schools which any Class of Persons 
have by Law in the Province at the Union : 

(2) All the Powers, Privileges, and Duties at the 

Union by Law conferred and imposed in Upper 
Canada on the Separate Schools and School 
Trustees of the Queen's Roman Catholic Subjects 
shall be and the same are hereby extended to the 
Dissentient Schools of the Queen's Protestant 
and Eoman Catholic Subjects in Quebec : 

(3) Where in any Province a System of Separate or 

Dissentient Schools exists by Law at the Union 
or is thereafter established by the Legislature of 



BRITISH NORTH AMERICA ACT 223 

the Province, an Appeal shall lie to the Governor 
General in Council from any Act or Decision of 
any Provincial Authority affecting any Right or 
Privilege of the Protestant or Roman Catholic 
Minority of the Queen's Subjects in relation to 
Education : 

(4) In case any such Provincial Law as from Time to 
Time seems to the Governor General in Council 
requisite for the due Execution of the Provisions 
of this Section is not made, or in case any 
Decision of the Governor General in Council on 
any Appeal under this Section is not duly 
executed by the proper Provincial Authority in 
that Behalf, then and in every such Case, and as 
far only as the Circumstances of each Case 
require, the Parliament of Canada may make 
remedial Laws for the due Execution of the Pro- 
visions of this Section and of any Decision of the 
Governor General in Council under this Section. 

Uniformity of Laws in Ontario, Nova Scotia, and New 
Brunswick. 

94. Notwithstanding anything in this Act, the Parlia- Legislation for 
ment of Canada may make Provision for the Uniformity S^i^T^ree 
of all or any of the Laws relative to Property and Civil Provinces. 
Rights in Ontario, Nova Scotia, and New Brunswick, and 

of the Procedure of all or any of the Courts in those 
Three Provinces, and from and after the passing of any 
Act in that Behalf the Power of the Parliament of Canada 
to make Laws in relation to any Matter comprised in any 
such Act shall, notwithstanding anything in this Act, be 
unrestricted; but any Act of the Parliament of Canada 
making Provision for such Uniformity shall not have effect 
in any Province unless and until it is adopted and enacted 
as Law by the Legislature thereof. 

Agriculture and Immigration. 

95. In each Province the Legislature may make Laws Po 

in relation to Agriculture in the Province, and to Immigra- Legislation 
tion into the Province; and it is hereby declared that 



224 FEDERAL AND UNIFIED CONSTITUTIONS 

Parliament of Canada may from Time to Time make 
Laws in relation to Agriculture in all or any of the 
Provinces, and to Immigration into all or any of the 
Provinces ; and any Law of the Legislature of a Province 
relative to Agriculture or to Immigration shall have effect 
in and for the Province as long and as far only as it is not 
repugnant to any Act of the Parliament of Canada. 

VII. JUDICATURE. 

Appointment of 96- The Governor General shall appoint the Judges of 
Judges. fckg S U p er i orj District, and County Courts in each Province, 

except those of the Courts of Probate in Nova Scotia and 
New Brunswick. 

Selection of 97- Until the Laws relative to Property and Civil 

Ontario "&c Rig nts m Ontario, Nova Scotia, and New Brunswick, and 

the Procedure of the Courts in those Provinces, are made 

uniform, the Judges of the Courts of those Provinces 

appointed by the Governor General shall be selected from 

the respective Bars of those Provinces. 

Selection of 98- The Judges of the Courts of Quebec shall be selected 

outbec in from the Bar of that Province - 

Tenure'of 99- The Judges of the Superior Courts shall hold Office 

f| ! u erfo U r dgeSduril1 ^ ood Behaviour but 8na11 be removable by the 
Courts. Governor General on Address of the Senate and House of 

Commons. 

Salaries, &c. of 100- The Salaries, Allowances, and Pensions of the 
Judges. Judges of the Superior, District, and County Courts (ex- 

cept the Courts of Probate in Nova Scotia and New 
Brunswick), and of the Admiralty Courts in Cases where 
the Judges thereof are for the Time being paid by Salary, 
shall be fixed and provided by the Parliament of 
Canada, 

General Court JQ1. The Parliament of Canada may, notwithstanding 
of Appeal, &c. anytning in tn j s Act, from Time to Time provide for the 
Constitution, Maintenance, and Organization of a General 
Court of Appeal for Canada, and for the Establishment of 
any additional Courts for the better Administration of the 
Laws of Canada. 



BEITISH NOKTH AMEEICA ACT 225 

VIII. REVENUES ; DEBTS ; ASSETS ; TAXATION. 

102. All Duties and Revenues over which the respective Creation of 
Legislatures of Canada, Nova Scotia, and New Brunswick Keveuue^und 
before and at the Union had and have Power of Appro- 
priation, except such Portions thereof as are by this Act 
reserved to the respective Legislatures of the Provinces, 
or are raised by them in accordance with the special 
Powers conferred on them by this Act, shall form One 
Consolidated Revenue Fund, to be appropriated for the 
Public Service of Canada in the Manner and subject to the 
Charges in this Act provided. 

103- The Consolidated Revenue Fund of Canada shall Expenses of 
be permanently charged with the Costs, Charges, and c i lection &c - 
Expenses incident to the Collection, Management, and 
Receipt thereof, and the same shall form the First Charge 
thereon, subject to be reviewed and audited in such Manner 
as shall be ordered by the Governor General in Council 
until the Parliament otherwise provides. 

104. The annual Interest of the Public Debts of the Interest of 
several Provinces of Canada, Nova Scotia and New 
Brunswick at the Union shall form the Second Charge on 
the Consolidated Revenue Fund of Canada. 

105- Unless altered by the Parliament of Canada, the Salary of 
Salary of the Governor General shall be Ten thousand Q^ r 
Pounds Sterling Money of the United Kingdom of Great 
Britain and Ireland, payable out of the Consolidated 
Revenue Fund of Canada, and the same shall form the 
Third Charge thereon. 

106. Subject to the several Payments by this Act Appropriation 

im 



charged on the Consolidated Revenue Fund of Canada, 
the same shall be appropriated by the Parliament of 
Canada for the Public Service. 

107- All Stocks, Cash, Banker's Balances, and Securities Transfer of 
for Money belonging to each Province at the Time of the Stock8 c * 
Union, except as in this Act mentioned, shall be the 
Property of Canada, and shall be taken in Reduction of the 
Amount of the respective Debts of the Provinces at the 
Union. 

15 



226 FEDEEAL AND UNIFIED CONSTITUTIONS 



Transfer of 
Property in 
Schedule. 



Property in 
Lands, Mines, 
&c. 



Assets con- 
nected with 
Provincial 
Debts. 

Canada to be 
liable for Pro- 
vincial Debts. 
Debts of 
Ontario and 
Quebec. 



Assets of 
Ontario and 
Quebec. 

Debt of Nova 
Scotia. 



Debt of New 
Brunswick. 



Payment of 
Interest to 
Nova Scotia 
and New 
Brunswick, 



108. The Public Works and Property of each Province, 
enumerated in the Third Schedule to this Act, shall be the 
Property of Canada. 

109. All Lands, Mines, Minerals, and Royalties belong- 
ing to the several Provinces of Canada, Nova Scotia, and 
New Brunswick at the Union, and all Sums then due or 
payable for such Lands, Mines, Minerals, or Royalties, 
shall belong to the several Provinces of Ontario, Quebec, 
Nova Scotia, and New Brunswick in which the same are 
situate or arise, subject to any Trusts existing in respect 
thereof, and to any Interest other than that of the Province 
in the same. 

110. All Assets connected with such Portions of the 
Public Debt of each Province as are assumed by that 
Province shall belong to that Province. 

111. Canada shall be liable for the Debts and Liabilities 
of each Province existing at the Union. 

112. Ontario and Quebec conjointly shall be liable to 
Canada for the Amount (if any) by which the Debt of the 
Province of Canada exceeds at the Union Sixty-two million 
five hundred thousand Dollars, and shall be charged with 
Interest at the Rate of Five per Centum per An^<m. 
thereon. ^Sce 

113. The Assets enumerated in the Fourth Schedules 
this Act belonging at the Union f the Province of Caru of 
shall be the Property of Ontf ' Quebec conjointly. 

114- Nova Scotia shall > to Canada for ti^ 
Amount (if any) by which its? ^ebt exceeds at tht 
Union Eight million Dollars, at 

Interest at the Rate of Five #6. 
thereon. 

115- New Brunswick shall be liable to Canada for the 
Amount (if any) by which its Public Debt exceeds at the 
Union Seven million Dollars, and shall be charged with 
Interest at the Rate of Five per Centum per Annum 
thereon. 

116. In case the Public Debts of Nova Scotia and 
New Brunswick do not at the Union amount to Eight 
million and Seven million Dollars respectively, they shall 



be charged with 
turn per Annum 



BEITISH NORTH AMERICA ACT 227 

respectively receive by half-yearly Payments in advance 
from the Government of Canada Interest at Five per 
Centum per Annum on the Difference between the actual 
Amounts of their respective Debts and such stipulated 
Amounts. 

117. The several Provinces shall retain all their re- Provincial 
spective Public Property not otherwise disposed of in this p< ? rt y C " 
Act, subject to the Right of Canada to assume any Lands 

or Public Property required for Fortifications or for the 
Defence of the Country. 

118. The following Sums shall be paid yearly by Grants to 
Canada to the several Provinces for the Support of their 
Governments and Legislatures : 

Dollars. 

Ontario .... Eighty thousand. 
Quebec .... Seventy thousand. 
Nova Scotia . . . Sixty thousand. 
New Brunswick . . . Fifty thousand. 

Two hundred and sixty thousand ; 

and an annual Grant in aid of each Province shall be 
made, equal to Eighty Cents per Head of the Population 
as ascertained by the Census of One thousand eight hun- 
dred and sixty-one, and in the Case of Nova Scotia and 
New Brunswick, by each subsequent Decennial Census 
until the Population of each of those Two Provinces 
amounts to Four hundred thousand Souls, at which Rate 
such Grant shall thereafter remain. Such Grants shall 
be in full Settlement of all future Demands on Canada, 
and shall be paid half-yearly in advance to each Province ; 
but the Government of Canada shall deduct from such 
Grants, as against any Province, all Sums chargeable as 
Interest on the Public Debt of that Province in excess of 
the several Amounts stipulated in this Act. 

119. New Brunswick shall receive by half-yearly Pay- Further Grant 
ments in advance from Canada for the Period of 

Years from the Union an additional Allowance of Sixty - 
three thousand Dollars per Annum ; but as long as the 
Public Debt of that Province remajftgi under Seven million 

15 * 



228 FBDBEAL AND UNIFIED CONSTITUTIONS 

Dollars, a Deduction equal to the Interest at Five per 
Centum per Annum on such Deficiency shall be made 
from that Allowance of Sixty-three thousand Dollars. 
Form of Pay- 120. All Payments to be made under this Act, or in 
ments. discharge of Liabilities created under any Act of the Pro- 

vinces of Canada, Nova Scotia, and New Brunswick re- 
spectively, and assumed by Canada, shall, until the 
Parliament of Canada otherwise directs, be made in such 
Form and Manner as may from Time to Time be ordered 
by the Governor General in Council. 

Canadian 121. All Articles of the Growth, Produce or Manu- 

Manufactures, facture of any one of the Provinces shall, from and after 
the Union, be admitted free into each of the other Pro- 
vinces. 

Continuance of 122. The Customs and Excise Laws of each Province 

Customs and shall, subject to the Provisions of this Act, continue in 

Excise Laws. ^ QYQe ^^ altered by the Parliament of Canada. 

Exportation 123. Where Customs Duties are, at the Union, leviable 

and Importa- on any Goods, Wares, or Merchandises in any Two Pro- 

Two1provinc e es! v i nces > those Goods, Wares, and Merchandises may, from 

and after the Union, be imported from one of those 

Provinces into the other of them on Proof of Payment of 

the Customs Duty leviable thereon in the Province of 

Exportation, and on Payment of such further Amount (if 

any) of Customs Duty as is leviable thereon in the Province 

of Importation. 

Lumber Dues 124. Nothing in this Act shall affect the Eight of New 
in New Bruns- Brunswick to levy the Lumber Dues provided in Chapter 
Wlc ' Fifteen of Title Three of the Eevised Statutes of New 

Brunswick, or in any Act amending that Act before or 
after the Union, and not increasing the Amount of such 
Dues ; but the Lumber of any of the Provinces other than 
New Brunswick shall not be subject to such Dues. 
Exemption of 125. No Lands or Property belonging to Canada or 
Public Lands, anv p rov i nce sn all be liable to Taxation. 
Provincial 126. Such Portions of the Duties and Eevenues over 

^^ cn tne respective Legislatures of Canada, Nova Scotia, 
' and New Brunswick had before the Union Power of Ap- 
propriation as are by this Act reserved to the respective 



BEITISH NOETH AMERICA ACT 229 

Governments or Legislatures of the Provinces, and all 
Duties and Revenues raised by them in accordance with 
the special Powers conferred upon them by this Act, shall 
in each Province form One Consolidated Revenue Fund 
to be appropriated for the Public Service of the Province. 

IX. MISCELLANEOUS PROVISIONS. 
General. 

127. If any Person being at the passing of this Act a As to Legisla- 
Member of the Legislative Council of Canada, Nova Scotia, ^p^w 
or New Brunswick, to whom a Place in the Senate is becoming 
offered, does not within Thirty Days thereafter, by Writing Suliators - 
under his Hand addressed to the Governor General of the 
Province of Canada or to the Lieutenant Governor of 

Nova Scotia or New Brunswick (as the Case may be), 
accept the same, he shall be deemed to have declined the 
same ; and any Person who, being at the passing of this 
Act a Member of the Legislative Council of Nova Scotia 
or New Brunswick, accepts a Place in the Senate, shall 
thereby vacate his Seat in such Legislative Council. 

128. Every Member of the Senate or House of Com- Oath of Alle- 
mons of Canada shall before taking his Seat therein take & iance > &c - 
and subscribe before the Governor General or some Person 
authorised by him, and every Member of a Legislative 
Council or Legislative Assembly of any Province shall 

before taking his Seat therein take and subscribe before 
the Lieutenant Governor of the Province or some Person 
authorized by him, the Oath of Allegiance contained in 
the Fifth Schedule to this Act ; and every Member of the 
Senate of Canada and every Member of the Legislative 
Council of Quebec shall also, before taking his Seat therein, 
take and subscribe before the Governor General, or some 
Person authorized by him, the Declaration of Qualification 
contained in the same Schedule. 

129. Except as otherwise provided by this Act, all Continuance of 
Laws in force in Canada, Nova Scotia, or New Brunswick Courta g 0ffioera 
at the Union, and all Courts of Civil and Criminal Juris- &c. ' 
diction, and all legal Commissions, Powers, and Author- 
ities, and all Officers, Judicial, Administrative, and 



230 FEDEEAL AND UNIFIED CONSTITUTIONS 

Ministerial, existing therein at the Union, shall continue 
in Ontario, Quebec, Nova Scotia, and New Brunswick re- 
spectively, as if the Union had not been made ; subject 
nevertheless (except with respect to such as are enacted 
by or exist under Acts of the Parliament of Great Britain 
or of the Parliament of the United Kingdom of Great 
Britain and Ireland,) to be repealed, abolished, or altered 
by the Parliament of Canada, or by the Legislature of the 
respective Province, according to the Authority of the 
Parliament or of that Legislature under this Act. 

Transfer of 130. Until the Parliament of Canada otherwise pro- 

Officers to vides, all Officers of the several Provinces having Duties 
to discharge in relation to Matters other than those coming 
within the Classes of Subjects by this Act assigned ex- 
clusively to the Legislatures of the Provinces shall be 
Officers of Canada, and shall continue to discharge the 
Duties of their respective Offices under the same Liabilities, 
[Responsibilities, and Penalties, as if the Union had not 
been made. 

Appointment 131. Until the Parliament of Canada otherwise pro- 
of new Officers. v ides, the Governor General in Council may from Time 
to Time appoint such Officers as the Governor General 
in Council deems necessary or proper for the effectual 
Execution of this Act. 

Treaty Obliga- 132. The Parliament and Government of Canada shall 
on8 ' have all Powers necessary or proper for performing the 

Obligations of Canada or of any Province thereof, as Part 
of the British Empire, towards Foreign Countries, arising 
under Treaties between the Empire and such Foreign 
Countries. 

Use of English 133- Either the English or the French Language may 
and French be used by any Person in the Debates of the Houses of 
nguages. ^ Parliament of Canada and of the Houses of the Legis- 
lature of Quebec ; and both those Languages shall be used 
in the respective Eecords and Journals of those Houses ; 
and either of those Languages may be used by any Person 
or in any Pleading or Process in or issuing from any 
Court of Canada established under this Act, and in or 
from all or any of the Courts of Quebec. 



BEITISH NORTH AMERICA ACT 231 

The Acts of the Parliament of Canada and of the 
Legislature of Quebec shall be printed and published in 
both those Languages. 

Ontario and Quebec. 

134. Until the Legislature of Ontario or of Quebec Appointment of 
otherwise provides, the Lieutenant Governors of Ontario Q^^? 
and Quebec may each appoint under the Great Seal of the Ontario and 
Province the following Officers, to hold Office during Q uet)ec - 
Pleasure, that is to say, the Attorney General, the 
Secretary and Registrar of the Province, the Treasurer 

of the Province, the Commissioner of Crown Lands, and 
the Commissioner of Agriculture and Public Works, and 
in the Case of Quebec the Solicitor General, and may, by 
Order of the Lieutenant Governor in Council, from Time 
to Time prescribe the Duties of those Officers, and of the 
several Departments over which they shall preside or to 
which they shall belong, and the Officers and Clerks 
thereof, and may also appoint other and additional Officers 
to hold Office during Pleasure, and may from Time to 
Time prescribe the Duties of those Officers, and of the 
several Departments over which they shall preside or to 
which they shall belong, and of the Officers and Clerks 
thereof. 

135. Until the Legislature of Ontario or Quebec other- Powers, Duties, 
wise provides, all Rights, Powers, Duties, Functions, Re- 
sponsibilities, or Authorities at the passing of this Act 

vested in or imposed on the Attorney General, Solicitor 
General, Secretary and Registrar of the Province of 
Canada, Minister of Finance, Commissioner of Crown 
Lands, Commissioner of Public Works, and Minister of 
Agriculture and Receiver General, by any Law, Statute, or 
Ordinance of Upper Canada, Lower Canada, or Canada, 
and not repugnant to this Act, shall be vested in or imposed 
on any Officer to be appointed by the Lieutenant Governor 
for the Discharge of the same or any of them ; and the 
Commissioner of Agriculture and Public Works shall per- 
form the Duties and Functions of the Office of Minister of 
Agriculture at the passing of this Act imposed by the Law 



232 FEDEBAL AND UNIFIED CONSTITUTIONS 

of the Province of Canada, as well as those of the Com- 
missioner of Public Works. 

Great Seals. 136. Until altered by the Lieutenant Governor in 

Council, the Great Seals of Ontario and Quebec respectively 
shall be the same, or of the same Design, as those used in 
the Provinces of Upper Canada and Lower Canada re- 
spectively before their Union as the Province of Canada. 
Construction of 137- The Words " and from thence to the End of the 
then next ensuing Session of the Legislature," or Words 
to the same Effect, used in any temporary Act of the Pro- 
vince of Canada not expired before the Union, shall be 
construed to extend and apply to the next Session of the 
Parliament of Canada if the Subject Matter of the Act is 
within the Powers of the same as defined by this Act, or 
to the next Sessions of the Legislatures of Ontario and 
Quebec respectively if the Subject Matter of the Act is 
within the Powers of the same as defined by this Act. 
As to Errors in 138. From and after the Union the Use of the Words 
Names. Upper Canada' 9 instead of "Ontario," or "Lower 

Canada " instead of " Quebec," in any Deed, Writ, Process, 
Pleading, Document, Matter, or Thing, shall not invalidate 
the same. 

As to Issue of 139. Any Proclamation under the Great Seal of the 

Proclamations Province of Canada issued before the Union to take effect at 

to commence* a Time which is subsequent to the Union, whether relating 

after Union, to that Province, or to Upper Canada, or to Lower Canada, 

and the several Matters and Things therein proclaimed, 

shall be and continue of like Force and Effect as if the 

Union had not been made. 

As to Issue of 140. Any Proclamation which is authorized by any 
Proclamations Act of the Legislature of the Province of Canada to be 
issued under the Great Seal of the Province of Canada, 
whether relating to that Province, or to Upper Canada, 
or to Lower Canada, and which is not issued before the 
Union, may be issued by the Lieutenant Governor of 
Ontario or of Quebec, as its Subject Matter requires, under 
the Great Seal thereof; and from and after the Issue of 
such Proclamation the same and the several Matters and 
Things therein proclaimed shall be and continue of the 



BRITISH NOBTH AMERICA ACT 233 

like Force and Effect in Ontario or Quebec as if the Union 
had not been made. 

141. The Penitentiary of the Province of Canada shall, Penitentiary, 
until the Parliament of Canada otherwise provides, be and 
continue the Penitentiary of Ontario and of Quebec. 

142. The Division and Adjustment of the Debts, Arbitration 
Credits, Liabilities, Properties, and Assets of Upper Canada j^^kc 
and Lower Canada shall be referred to the Arbitrament of 

Three Arbitrators, One chosen by the Government of 
Ontario, One by the Government of Quebec, and One by 
the Government of Canada; and the Selection of the 
Arbitrators shall not be made until the Parliament of 
Canada and the Legislatures of Ontario and Quebec have 
met; and the Arbitrator chosen by the Government of 
Canada shall not be a Resident either in Ontario or in 
Quebec. 

143. The Governor General in Council may from Time Division of 
to Time order that such and so many of the Records, Records - 
Books, and Documents of the Province of Canada as he 
thinks fit shall be appropriated and delivered either to 
Ontario or to Quebec, and the same shall thenceforth be 

the Property of that Province ; and any Copy thereof or 
Extract therefrom, duly certified by the Officer having 
charge of the Original thereof, shall be admitted as Evi- 
dence. 

144. The Lieutenant Governor of Quebec may from Constitution of 
Time to Time, by Proclamation under the Great Seal of Q^ b n e s c Mps in 
the Province, to take effect from a Day to be appointed 

therein, constitute Townships in those Parts of the Pro- 
vince of Quebec in which Townships are not then already 
constituted, and fix the Metes and Bounds thereof. 

X. INTERCOLONIAL RAILWAY. 

145. Inasmuch as the Provinces of Canada, Nova Duty of 
Scotia, and New Brunswick have joined in a Declaration J^^jJament 
that the Construction of the Intercolonial Railway is of Canada to 
essential to the Consolidation of the Union of British ^f^ 1 * 
North America, and to the Assent thereto of Nova Scotia described, 
and New Brunswick, and have consequently agreed that 



234 FEDEKAL AND UNIFIED CONSTITUTIONS 



Provision should be made for its immediate Construction by 
the Government of Canada : Therefore, in order to give 
effect to that Agreement, it shall be the Duty of the 
Government and Parliament of Canada to provide for the 
Commencement, within Six Months after the Union, of a 
Kailway connecting the Kiver St. Lawrence with the City 
of Halifax in Nova Scotia, and for the Construction there- 
of without Intermission, and the Completion thereof with 
all practicable Speed. 

XI. ADMISSION OP OTHEK COLONIES. 

Power to admit 146. It shall be lawful for the Queen, by and with the 
^nTthe^' Advice of Her Majesty's Most Honourable Privy Council, 
Union. on Addresses from the Houses of the Parliament of Canada, 

and from the Houses of the respective Legislatures of the 
Colonies or Provinces of Newfoundland, Prince Edward 
Island, and British Columbia, to admit those Colonies or 
Provinces, or any of them, into the Union, and on Address 
from the Houses of the Parliament of Canada to admit 
Rupert's Land and the North-western Territory, or either 
of them, into the Union, on such Terms and Conditions 
in each Case as are in the Addresses expressed and as the 
Queen thinks fit to approve, subject to the Provisions of 
this Act ; and the Provisions of any Order in Council in 
that Behalf shall have effect as if they had been enacted 
by the Parliament of the United Kingdom of Great Britain 
and Ireland. 

As to Repre- 147. In case of the Admission of Newfoundland and 

New^oimdllnd Pr/ince Edward Island, or either of them, each shall be 
and Prince entitled to a Eepresentation in the Senate of Canada of 
Four Members and (notwithstanding anything in this 
Act) in case of the Admission of Newfoundland the normal 
Number of Senators shall be Seventy-six and their maxi- 
mum Number shall be Eighty-two; but Prince Edward 
Island when admitted shall be deemed to be comprised in 
the Third of the Three Divisions into which Canada is, 
in relation to the Constitution of the Senate, divided by 
this Act, and accordingly, after the Admission of Prince 
Edward Island, whether Newfoundland is admitted or not, 



BBITISH NORTH AMERICA ACT 235 

the Representation of Nova Scotia and New Brunswick in 
the Senate shall, as Vacancies occur, be reduced from 
Twelve to Ten Members respectively, and the Representa- 
tion of each of those Provinces shall not be increased at 
any Time beyond Ten, except under the Provisions of 
this Act for the Appointment of Three or Six additional 
Senators under the Direction of the Queen. 



AMENDMENTS AFFECTING GEETAIN PKOVISIONS 
OF THE BK1TISH NORTH AMERICA ACT OF 1867. 

[Statutes as cited.] 

The Jurisdiction of the Supreme Court of Canada. 
[" Statutes of Canada," 38 Viet. Cap. 11, Sec. 17.] 

SUBJECT to the limitations and provisions hereinafter made, an 
appeal shall lie to the Supreme Court from all final judgments 
of the highest Court of final resort, whether such Court be a 
Court of Appeal or of original jurisdiction, now or hereafter 
established in any Province of Canada in cases in which the 
Court of original jurisdiction is a Superior Court : Provided that 
no appeal shall be allowed from any judgment rendered in the 
Province of Quebec, in any case wherein the sum or value of 
the matter in dispute does not amount to two thousand dollars ; 
and the right to appeal in civil cases given by this Act, shall 
be understood to be given in such cases only as are men- 
tioned in this section, except Exchequer cases, cases of man- 
damns, habeas corpus, or municipal by-laws, as hereinafter 
provided. 

[Bevised Statutes, Dominion of Canada, 1886, Vol. II., Cap. 135. 
An Act respecting the Supreme and Exchequer Courts 
Sec. 26.] 

(1) Except as otherwise provided in this Act or in the Act 
providing for the appeal, no appeal shall lie to the Supreme 
Court but from the highest Court of last resort having juris- 
diction in the Province in which the action,, suit, cause, 

936 



AMENDMENTS OF BEITISH NORTH AMERICA ACT 237 

matter or other judicial proceeding was originally instituted, 
whether the judgment or decision in such action, suit, cause, 
matter or other judicial proceeding was or was not a proper sub- 
ject of appeal to such highest Court of last resort : 

(2) Provided, that an appeal shall lie directly to the Supreme 
Court from the judgment of the Court of original jurisdiction by 
consent of parties : 

(3) Provided also, that an appeal shall lie to the Supreme 
Court by leave of such Court, or a Judge thereof, from any 
judgment, decree, decretal order, or order made and pronounced 
by a Superior Court of Equity, or made or pronounced by any 
Judge in Equity, or by any Superior Court in any action, cause, 
matter or other judicial proceeding in the nature of a suit or 
proceeding in equity, and from the final judgment of any 
Superior Court of any Province other than the Province of 
Quebec in any action, suit, cause, matter or other judicial 
proceeding originally commenced in such Superior Court, 
without any intermediate appeal being had to any intermediate 
Court of appeal in the Province. 



[Sec. 29.] 

No appeal shall lie under this Act from any judgment 
rendered in the Province of Quebec, in any action, suit, cause, 
matter or other judicial proceeding, wherein the matter in con- 
troversy does not amount to the sum or value of two thousand 
dollars, unless such matter, if less than that amount, 

(a) Involves the question of the validity of an Act of the 

Parliament of Canada, or of the Legislature of any of the 
Provinces of Canada, or of an Ordinance or Act of any 
of the Councils or Legislative bodies of any of the Terri- 
tories or Districts of Canada ; or 

(b) Relates to any fee of office, duty, rent, revenue or any 

sum of money payable to Her Majesty, or to any title 
to lands or tenements, annual rents or such like 
matters or things where the rights in future might be 
bound : 



238 FEDEEAL AND UNIFIED CONSTITUTIONS 

[" Statutes of Canada," 54 and 55 Viet. Cap. 25, Sec. 3. Ee- 
pealing Sub-Sec. 2, Sec. 29, Eevised Statutes, 1886, Cap. 
135] : 

(1) Where the matter in controversy involves any such 
question, or relates to any such fee of office, duty, rent, revenue, 
or sum of money, payable to Her Majesty, or to any such title 
to lands or tenements, annual rents or such like matters or 
things where rights in the future might be bound, or amounts 
to or exceeds the sum or value of two thousand dollars, there 
shall be an appeal from judgments rendered in the said Province, 
although such action, suit, cause, matter or other judicial pro- 
ceeding may not have been originally instituted in the Superior 
Court : 

(2) Provided that such appeals shall lie only from the Courts 
of Queen's Bench, or from the Superior Court in review in cases 
where, and so long as, no appeal lies from the judgment of that 
Court when it confirms the judgment rendered in the Court 
appealed from, which by the law of the Province of Quebec are 
appealable to the Judicial Committee of the Privy Council : 

(3) Whenever the right to appeal is dependent upon the 
amount in dispute, such amount shall be understood to be that 
demanded and not that recovered, if they are different. 

[Sec. 4. Eepealing Sec. 37, Cap. 135, Eevised Statutes, 1886] : 

(1) Important questions of law or fact touching provincial 
legislation, or the appellate jurisdiction as to educational matters 
vested in the Governor in Council by " The British North America 
Act, 1867," or by any other Act or law, or touching the constitu- 
tionality of any legislation of the Parliament of Canada, or touch- 
ing any other matter with reference to which he sees fit to 
exercise this power, may be referred, by the Governor in Council, 
to the Supreme Court for hearing or consideration ; and the 
Court shall thereupon hear and consider the same : 

(2) The Court shall certify to the Governor in Council, for 
his information, its opinion on questions so referred, with the 
reasons therefor, which shall be given in like manner as in the 
case of a judgment upon an appeal to the said Court ; and any 
Judge who differs from the opinion of the majoritv shall, in like 
manner, certify his opinion and his reasons. 



CONSTITUTION OF THE GEEMAN EMPIEE 239 

THE CONSTITUTION OF THE NOKTH GEEMAN 
CONFEDEEATION. 16 APBIL, 1867. 

THE CONSTITUTION OF THE GEEMAN EMPIEE. 
16 APRIL, 1871. 

[Translation in " British and Foreign State Papers, " 1870-1871. The 
Translation is slightly modified. The adhesion of tho South Ger- 
man States to the North German Confederation made no essential 
difference in its Constitution. The Constitution of the German 
Empire that was in force from 1871 to 1918, is printed here, 
and may be referred to for the provisions of the earlier Consti- 
tution.] 

Constitution of the German Empire, Berlin, 16 April, 1871. 

His Majesty the King of Prussia in the name of the North 
German Confederation, His Majesty the King of Bavaria, His 
Majesty the King of Wurtemberg, His Eoyal Highness the 
Grand Duke of Baden, and His Eoyal Highness the Grand Duke 
of Hesse and by Ehine, for those parts of the Grand Duchy of 
Hesse which are south of the river Main, conclude an ever- 
lasting Confederation for the protection of the territory of the 
Confederation and the rights thereof, as well as to care for the 
welfare of the German people. This Confederation will bear 
the name " German Empire," and is to have the following 

CONSTITUTION. 

1. Territory of the Confederation. 

Art. I. The territory of the Confederation is comprised of 
the States of Prussia with Lauenburg, Bavaria, Saxony, 
Wurtemberg, Baden, Hesse, Mecklenburg-Schwerin, Saxe- 
Weimar, Mecklenburg- Strelitz, Oldenburg, Brunswick, Saxe- 
Meiningen, Saxe-Altenburg, Saxe-Coburg-Gotha, Anhalt, 
Schwarzburg-Eudolstadt, Schwarzburg-Sondershausen, Wai- 
deck, Eeuss Elder Line, Eeuss Younger Line, Schaumburg- 
Lippe, Lippe, Lubeck, Bremen, and Hamburg. 

2. Legislature of the Empire. 

II. Within this confederate territory the Empire exercises 
the right of legislation according to the tenour of this Constitu- 
tion, and with the effect that the Imperial laws take precedence 
of the laws of the States. The Imperial laws receive their 



240 FEDEEAL AND UNIFIED CONSTITUTIONS 

binding power by their publication in the name of the Empire, 
which takes place by means of an Imperial Law Gazette. If 
the date of its first coming into force is not otherwise fixed in 
the published law, it comes into force on the 14th day after the 
close of the day on which the part of the Imperial Law Gazette 
which contains it is published at Berlin. 

III. For entire Germany one common nationality exists 
with the effect that every person (subject, State-citizen) belong- 
ing to any one of the Confederated States is to be treated in 
every other of the Confederated States as a born native, and 
accordingly must be permitted to have a fixed dwelling, to 
trade, to be appointed to public offices, to acquire real estate 
property, to obtain the rights of a State-citizen, and to enjoy 
all other civil rights under the same presuppositions as the 
natives, and likewise is to be treated equally with regard to 
legal prosecution or legal protection. 

No German may be restricted from the exercise of this right 
by the authorities of his own State or by the authorities of any 
of the other Confederated States. 

Those regulations which have reference to the care of the 
poor and their admission into local parishes are not affected by 
the principles set down in the first paragraph. 

Until further notice the Treaties likewise remain in force 
which have been entered into by the particular States of the 
Confederation regarding the reception of persons expelled, the 
care of sick persons, and the burial of deceased persons belong- 
ing to the States. 

What is needful for the fulfilment of military duty in regard 
to the native country will be ordered by the way of Imperial 
legislation. 

Every German has the same claim to the protection of the 
Empire with regard to foreign nations. 

IV. The following affairs are subject to the superintendence 
and legislation of the Empire : 

1. The regulations as to freedom of translocation, domicile 
and settlement affairs, right of citizenship, passport and police 
regulations for strangers, and as to transacting business in- 
cluding insurance affairs in so far as these objects are not 
already provided for by Article III of this Constitution, In 



CONSTITUTION OF THE GEBMAN EMPIBE 241 

Bavaria, however, the domicile and settlement affairs, and like- 
wise the affairs of colonization and emigration to foreign countries 
are herefrom excluded. 

2. The customs and commercial legislation and the taxes 
which are to be applied to the requirements of the Empire. 

3. The regulation of the system of the coinage, weights and 
measures, likewise the establishment of the principles for the 
issue of funded and unfunded paper money ; 

4. The general regulations as to banking ; 

5. The granting of patents for inventions ; 

6. The protection of intellectual property ; 

7. The organisation of the common protection of German 
commerce in foreign countries, of German vessels and their 
flags at sea, and the arrangement of a common Consular repre- 
sentation, which is to be salaried by the Empire ; 

8. Eailway affairs, excepting in Bavaria the arrangements 
in Article XLVI, and the construction of land and water com- 
munications for the defence of the country and for the general 
intercourse ; 

9. The rafting and navigation affairs on waterways belong- 
ing in common to several of the States, and the condition of 
the waterways, and likewise the river or other water dues ; 

10. Postal and telegraph affairs ; in Bavaria and Wurtem- 
berg, however, only with reference to the provisions of Article 
LII; 

11. Regulations as to the reciprocal execution of judgments 
in civil affairs and the settlement of requisitions in general ; 

12. Likewise as to the verification of public documents ; 

13. The general legislation as to obligatory rights, penal law, 
commercial and bill-of-exchange laws, and judicial procedure ; 

14. The military and naval affairs of the Empire ; 

15. The measures of medical and veterinary police ; 

16. The regulations for the press and the right of associa- 
tion ; 

V. The legislation of the Empire is carried on by the 
council of the Confederation and the Imperial Diet [Reichstag]. 
The accordance of the majority of votes in both Assemblies is 
necessary and sufficient for a law of the Empire. 

In projects of law on military affairs, on naval affairs and 



242 FEDEEAL AND UNIFIED CONSTITUTIONS 

on the taxes mentioned in Article XXXV, the President has 
the casting vote in cases where there is a difference of opinion, 
if his vote is in favour of the maintenance of the existing ar- 
rangements. 

3. Council of the Confederation. 

VI. The Council of the Confederation consists of the Kepre- 
sentatives of the Members of the Confederation, amongst which 
the votes are divided in such a manner that Prussia has, with the 
former votes of Hanover, Electoral Hesse, Holstein, Nassau, and 

Saxe-Coburg-Gotha . 1 vote. 

Anhalt . . . 1 

Schwarzburg - Rudol - 

stadt . . . 1 ,, 
Schwarzburg-Sonders- 

hausen . . 1 ,, 

Waldeck . . . 1 

Eeuss Elder Line . 1 ,, 

Eeuss Younger Line . 1 ,, 

Schaumburg-Lippe . 1 

Lippe . . . 1 

Lubeck . . 1 ,, 

Bremen . . . 1 

Hamburg . . . 1 ,, 

. 58 votes. 

Each member of the Confederation may nominate as many 
Plenipotentiaries to the Council of the Confederation as it has 
votes ; but the totality of such votes can only be cast as a unit. 

VII. The Council of the Confederation determines : 

1. What Bills are to be brought before the Imperial Diet, 
and on the resolutions passed by the same ; 

2. As to the administrative measures and arrangements 
necessary for the general execution of the Imperial legislation, 
in so far as no other Imperial law has decreed to the contrary ; 

3. As to defects which have made themselves manifest in 
the execution of the Imperial laws or the above-mentioned 
measures and arrangements. 



Frankfort 


17 votes. 


Bavaria . 


6 


Saxony . 


4 


Wurtemberg . 


4 


Baden . 


3 


Hesse . 


3 


Mecklenburg - Sch - 




werin . 


2 


Saxe- Weimar 


1 vote. 


Mecklenburg - Stre - 




litz . 


1 


Oldenburg 


1 


Brunswick 


2 votes. 


Saxe-Meiningen 


1 vote. 


Saxe-Altenburg 


1 


Total . 


. 



CONSTITUTION OF THE GEKMAN EMPIKE 243 

Every member of the Confederation has the right to propose 
bills and to introduce motions, and the Presidency is bound to 
bring them under debate. 

The decisions take place by simple majority, with the reser- 
vation of the stipulations in the Articles V., XXXVII., and 
LXXVIIL Non-represented votes cr votes without instructions 
are not counted. In equal divisions the Presidential is the 
casting vote. 

In decisions upon affairs, wherein according to the rules of 
this Constitution, the whole Empire has not a common interest, 
only the votes of those Confederated States are counted which 
are interested in common. 

VIII. The Council of the Confederation forms permanent 
Committees from its own members ; 

1. For the land army and fortresses. 

2. For naval affairs. 

3. For customs and taxes. 

4. For commerce and intercourse. 

5. For railways, posts and telegraphs. 

6. For affairs of justice. 

7. For finance. 

In each of these Committees, besides the Presidency, at least 
four of the Confederated States will be represented, and in the 
same each State only has one vote. In the Committee for the 
land army and fortresses, Bavaria has a perpetual seat, the 
other members thereof as well as the members for the Naval 
Committee are nominated by the Emperor ; the members of the 
other Committees are elected by the Council of the Confedera- 
tion. The composition of these Committees is to be renewed 
for every session of the Council of the Confederation or respec- 
tively every year, when the outgoing members may be re-elected. 

Besides these in the Council of the Confederation a Com- 
mittee for Foreign Affairs will be formed, comprised of the rep- 
resentatives of the Kingdoms of Bavaria, Saxony, and Wurtem- 
berg, and of two other representatives of other Confederated 
States, who will be yearly elected by the Council of the Con- 
federation in which Committee Bavaria will preside. 

The necessary officials will be placed at the disposal of 
these Committees. 



244 FEDBEAL AND UNIFIED CONSTITUTIONS 

IX. Every member of the Council of the Confederation has 
the right to appear in the Imperial Diet, and must at his desire 
at ail times be heard, in order to represent the views of his 
Government, even when these views have not been adopted by 
the majority of the Council of the Confederation. No one may at 
the same time be a member of the Council of the Confederation 
and of the Imperial Diet. 

X. The Emperor is bound to afford the usual diplomatic pro- 
tection to the members of the Council of the Confederation. 

4. The Presidency. 

XI. The Presidency of the Confederation belongs to the King 
of Prussia, who bears the name of German Emperor. The 
Emperor has to represent the Empire internationally, to declare 
war, and to conclude peace in the name of the Empire, to enter 
into alliances and other Treaties with Foreign Powers, to ac- 
credit and to receive Ambassadors. 

The consent of the Council of the Confederation is necessary 
for the declaration of war in the name of the Empire, unless an 
attack on the territory or the coast of the Confederation has taken 
place. 

In so far as Treaties with Foreign States have reference to 
affairs which, according to Article IV., belong to the jurisdiction 
of the Imperial Legislature, the consent of the Council of the 
Confederation is requisite for their conclusion, and the sanction 
of the Imperial Diet for their coming into force. 

XII. The Emperor has the right to summon, to open, to pro- 
rogue, and to close both the Council of the Confederation and 
the Imperial Diet. 

XIII. The summoning of the Council of the Confederation, 
and of the Imperial Diet, takes place once each year, and the 
Council of the Confederation can be called together for prepara- 
tion of business without the Imperial Diet being likewise sum- 
moned, whereas the latter cannot be summoned without the 
Council of the Confederation. 

XIV. The Council of the Confederation must be summoned 
whenever one-third of the votes require it. 

XV. The presidency in the Council of the Confederation and 



CONSTITUTION OF THE GERMAN EMPIRE 245 

the direction of the business belongs to the Chancellor of the 
Empire, who is to be appointed by the Emperor. 

The Chancellor of the Empire can be represented, on his 
giving written information thereof, by any other member of the 
Council of the Confederation. 

XVI. The requisite motions, in accordance with the votes of 
the Council of the Confederation will be brought before the Im- 
perial Diet in the name of the Emperor, where they will be sup- 
ported by members of the Council of the Confederation, or by 
particular commissioners nominated by the latter. 

XVII. The formulation and proclamation of the laws of the 
Empire, and the care of their execution, belongs to the Emperor. 
The Orders and Decrees of the Emperor are issued in the name 
of the Empire and require for their validity the counter-signa- 
ture of the Chancellor of the Empire, who thereby undertakes 
the responsibility. 

XVIII. The Emperor nominates the Imperial officials, re- 
ceives their oath of allegiance to the Empire, and, when neces- 
sary, decrees their dismissal. 

The officials of any State of the Confederation, when appointed 
to any Imperial office, are entitled to the same rights with 
respect to the Empire, as they would enjoy from their official 
position in their own state, excepting in such cases as have 
otherwise been provided for by Imperial legislation before their 
entrance into the Imperial service. 

XIX. Whenever members of the Confederation do not fulfil 
their Constitutional duties towards the Confederation, they may 
be constrained to do so by way of execution. Such execution 
must be decreed by the Council of the Confederation, and be 
carried out by the Emperor. 

5. Imperial Diet [Reichstag]. 

XX. The Imperial Diet is elected by universal and direct 
election with secret votes. 

Until the legal arrangement reserved in 5 of the Election 
Laws of 31 May, 1869 (Federal Law Gazette, 1869, page 145), 
has been made, there are to be elected in Bavaria, 48 ; in Wur- 
temberg, 17; in Baden, 14; in Hesse, south of the Main, 6 



246 FBDEKAL AND UNIFIED CONSTITUTIONS 

members, and the total number of tbe members consists, there- 
fore, of 382. 

XXI. Officials do not require any leave of absence on enter- 
ing into the Imperial Diet. 

If any member of the Imperial Diet accepts any salaried 
appointment of the Empire, or of any State of the Confederation, 
or enters into any Imperial or State office to which a higher 
rank, or higher salary is attached, he loses his seat and service 
in the Diet, and can only regain his position in the same by re- 
election. 

XXII. The proceedings of the Imperial Diet are public. 
Accurate reports of the proceedings in the public sittings of 

the Imperial Diet are free from any responsibility. 

XXIII. The Imperial Diet has the right to propose laws 
within the competency of the Empire, and to forward Petitions 
which have been addressed to it to the Council of the Confedera- 
tion, or to the Chancellor of the Empire. 

XXIV. The legislative period of the Imperial Diet is three 
years. 1 For a dissolution of the Imperial Diet within this period, 
a resolution of the Council of the Confederation, with the assent 
of the Emperor, is requisite. 

XXV. In case of a dissolution of the Imperial Diet, the 
meeting of the electors must be called within a period of 60 
days after such dissolution, and within a period of 90 days the 
Imperial Diet must be summoned. 

XXVI. Without the assent of the Imperial Diet the proroga- 
tion of the same may not be extended over 30 days, nor repeated 
during the same session. 

XXVII. The Imperial Diet scrutinises the legality of the 
credentials of its members and decides thereon. It regulates its 
own method of business and discipline by a business order, and 
elects its President, Vice-Presidents, and Secretaries. 

XXVIII. The Imperial Diet decides by absolute majority of 
votes. The presence of a majority of the legal number of 
members is necessary for the validity of a resolution. 

In voting on a matter which, according to the stipulations of 
this Constitution, is not common to the whole Empire, only the 

1 Amended to five years, 19 March, 1888. 



CONSTITUTION OF THE GERMAN EMPIRE 247 

voles of those members will be counted who have been elected 
in those Confederate States to which the matter is common. 1 

XXIX. The members of the Imperial Diet are representa- 
tives of the people as a whole, and are not bound by orders and 
instructions. 

XXX. No member of the Imperial Diet can at any time be 
proceeded against, either judicially or by way of discipline, on 
account of his votes, or for expressions made use of in the exer- 
cise of his functions, nor can he be made responsible therefore 
in any way outside the assembly. 

XXXI. Without the assent of the Imperial Diet, no member 
of the same may be placed under examination or arrested during 
the period of the session for any deed subject to punishment, 
except when taken in the act or in the course of the following 
day. 

The same assent is needful in arrest for debt. 

At the requisition of the Imperial Diet every correctional 
procedure against a member of the same, and all investigations 
or civil arrests must be relinquished for the duration of the 
period of the session. 

XXXII. The members of the Imperial Diet must not receive 
any salary or indemnification in that capacity. 

6. Customs and Commercial Affairs. 

XXXIII. Germany forms one customs and commercial terri- 
tory encircled by a common customs frontier. Those separate 
parts of territory are excluded, which from their position are 
not adapted for inclusion in the customs frontier. 

All articles of free trade in any one of the States of the Con- 
federation may be introduced into any other State of the Con- 
federation, and can only be subjected to a duty in the latter in 
so far as similar articles produced in that State are subject to. a 
home duty. 

XXXIV. The Hanseatic towns Bremen and Hamburg,, with 
so much of their own, or of the adjacent territory as may be 
needful for the purpose, remain as free ports outside the com- 
mon customs frontier until they apply to be admitted therein, 

1 Repealed by Act of 24 February, 1873. 



248 FEDEEAL AND UNIFIED CONSTITUTIONS 

XXXV. The Empire has the sole right of legislation in all 
Custom-House affairs, in the taxation of salt and tobacco produced 
in the territories of the Confederation, beer and spirit and sugar 
and syrup or other home productions made from beetroot, in the 
reciprocal protection against fraud of consumption duties raised 
in the separate States of the Confederation, as well as in such 
measures as the Customs' Committees may find requisite for the 
security of the common customs frontier. 

In Bavaria, Wurtemberg and Baden, the taxation of the 
native spirit and beer remains for the present subject to the laws 
of the land. But the States of the Confederation will direct 
their efforts to bring about an assimilation in the taxation of 
these articles likewise. 

XXXVI. The collection and administration of the duties and 
consumption taxes (Article XXXV.) remain in the hands of each 
State of the Confederation, within its own territory, in so far as 
they have hitherto been so. 

The Emperor watches over the observance of the legal 
procedure through Imperial officials, whom he attaches to the 
customs or excise offices, and to the directing authorities of the 
separate States according to the advice of the Committee of the 
Council of the Confederation for customs and excise affairs. 

Information given by these officials as to defects in the 
execution of the common legislation (Article XXXV.) will be 
laid before the Council of the Confederation for decision. 

XXXVII. In decisions relative to the administrative instruc- 
tions and arrangements (Article XXXV.) for the execution of the 
common legislation, the Presidency has the casting vote, when 
it is given for the continuance of the existing instruction or 
arrangement. 

XXXVIII. The revenue from the duties mentioned in Article 
XXXV. and from the other taxes mentioned in so far as they 
are subject to Imperial legislation, flows into the Imperial 
Treasury. 

This revenue consists of the whole income arising from the 
duties and other taxes after the deduction of : 

1. The tax-compensations and abatements according to the 
laws or the general administrative regulations. 

2. The repayments for incorrect levies. 



CONSTITUTION OF THE GEKMAN EMPIEE 249 

(a) For the customs, the expenses which are requisite for the 
protection and the collection of the duties on that part of the 
frontiers situated towards foreign countries and in the border 
district. 

(b) For the salt tax, the expenses which are incurred for the 
salaries of the officials who are employed in the salt works to 
collect and control that tax. 

(c) For the beet-sugar and tobacco tax, the compensation 
which, according to the decisions of the Council of the Con- 
federation from time to time, has to be made to the several 
Federal Governments for the expenses incurred in the adminis- 
tration of these taxes. 

(d) For the other duties 15 per cent, of the total income. 
The territories situated outside the common customs frontier 

pay an agreed sum towards defraying the expenses of the 
Empire. 

Bavaria, Wurtemberg, and Baden, do not participate in the 
income flowing into the Imperial Treasury from the taxes on 
spirits and beer, nor in the corresponding part of the above- 
mentioned agreed payment. 

XXXIX. The quarterly summaries which are to be made at 
the end of each quarter of the year by the collecting authorities 
of the Federal States, and the final statements to be made at 
the end of the year and the close of the books, of the income 
from duties and from consumption dues flowing into the Imperial 
Treasury according to Article XXXVIII., falling due during the 
quarter, or during the financial year, are to be collected into 
chief summaries, after previous examination, by the directing 
authorities of the Federal States, and therein each duty is to be 
separately shown ; these summaries are to be sent in to the Com- 
mittee of the Council of the Confederation for financial affairs. 

On the basis of these summaries the said Committee makes 
out provisionally every three months, the amount due from the 
Treasury of each State of the Confederation, to the Imperial 
Treasury, and communicates these amounts to the Council of 
the Confederation, and to the States of the Confederation, it also 
presents the final statement of these amounts every year, with 
remarks, to the Council of the Confederation. The Council of 
the Confederation decides on this statement. 



250 FEDEEAL AND UNIFIED CONSTITUTIONS 

XL. The stipulations in the Zollverein Treaty of July 8, 
1867, remain in force in so far as they have not been altered by 
the provisions of this Constitution, and so long as they are not 
altered in the way pointed out in Article VII., or Article 
LXXVIII 

7. Eaihvay Affairs. 

XLI. Kail ways which are considered necessary for the defence 
of Germany, or for the sake of the common intercourse, may, by 
virtue of an Imperial law, be constructed on account of the 
empire, even against the opposition of the members of the Con- 
federation whose territory is intersected by the railways, but 
without prejudice to the prerogatives of any state. Concessions 
to execute the works may also be granted to private contractors, 
with the right of expropriation. 

Every existing railway board of direction is bound to consent 
to the junction of newly constructed railways at the expense of 
the same. 

The legal enactments which have granted a right of denial to 
existing railway undertakings against the construction of parallel 
or competing lines are hereby, without prejudice to rights already 
gained, repealed for the entire Empire. Nor can such a right of 
denial be ever granted again in concessions to be issued here- 
after. 

XLII. The Governments of the Confederation bind them- 
selves to manage the German railways as a uniform network in 
the interest of the common intercourse, and likewise for this 
purpose to have all new railways which are to be made, con- 
structed and fitted up according to uniform rules. 

XLIIL For this purpose corresponding working arrange- 
ments are to be adopted with all possible dispatch, particularly 
with regard to railway police regulations. The Empire has 
likewise to take heed that the railway boards keep the lines at 
all times in such a state of repair as to ensure safety, and that 
they provide them with the working material necessary for the 
traffic. 

XLIV. The railway boards are bound to introduce the 
necessary passenger trains of the proper speed for the through 
traffic, and for the arrangement of corresponding journeys, also 



CONSTITUTION OF THE GERMAN EMPIRE 251 

the requisite trains to provide for the goods traffic ; likewise to 
arrange direct expeditions for passengers and goods traffic, with 
permission for conveying the means of transport from one line to 
the other for the usual payments. 

XLV. The Empire exercises the control over the tariffs, and 
will especially operate to the end : 

1. That working regulations, in conformity with each other, 
be introduced as soon as possible on all German railroads ; 

2. That the greatest possible equalization and reduction of 
the tariffs shall take place, and particularly for greater distances 
an abatement of the tariffs for the transport of coals, coke, 
timber, ores, stones, salt, raw iron, manures, and similar articles, 
so as to be more in proportion to the necessities of agriculture 
and industry, and that the one pfennig tariff may be introduced 
as speedily as possible. 

XL/VL In times of distress, particularly when an unusual 
dearth of the necessaries of life occurs, the railway boards are 
bound to introduce a lower special tariff for the transport of 
grain, meal, pulse, and potatoes, temporarily, according to the 
necessity, as will be determined by the Emperor on the pro- 
posal of the respective committee of the Council of the Con- 
federation, which tariff, however, must not be lower than the 
lowest rate already existing for raw produce on the said line. 

The above, as well as the stipulations made in the Articles 
XLII. to XLV., are not applicable to Bavaria. 

But the Empire has the right in regard to Bavaria likewise 
to lay down, by way of legislation, uniform rules for the con- 
struction and fitting up of the railways which are of importance 
for the defence of the country. 

XLVII. The requisitions of the authorities of the Empire 
relative to making use of the railways for the purpose of the 
defence of Germany, must be obeyed without question by all the 
railway boards. In particular, the military and all materials of 
war are to be conveyed at equally reduced rates. 

8. Postal and Telegraph Affairs. 

XLVIII. The postal and telegraph affairs will be arranged 
and administered for the entire German Empire as uniform in- 
stitutions for State intercourse. 



252 FEDERAL AND UNIFIED CONSTITUTIONS 

The legislation of the Empire in postal and telegraphic 
affairs, as provided in Article IV., does not extend to those 
objects, the regulation of which, according to the principles 
which govern the North German Postal and Telegraphic Ad- 
ministration, has been left to definitive rules or administrative 
directions. 

XLIX. The revenues of the postal and telegraphic service 
are in common for the entire Empire. The expenses will be de- 
frayed from the common revenues. The surpluses flow into the 
Imperial Treasury (Section XII.). 

L. The chief direction of the postal and telegraphic ad- 
ministration belongs to the Emperor. The officials appointed 
by him have the duty and the right to take care that uniformity 
in the organization of the administration and in carrying on the 
service, as well as in the qualification of the officials, be intro- 
duced and maintained. 

The issue of definitive rules and general administrative 
directions, as well as the sole care of the relations with other 
postal and telegraphic offices, belongs to the Emperor. 

All the officials of the postal and telegraphic administration 
are bound to obey the Imperial directions. This duty is to be 
recorded in the oath of service. 

The appointment of the requisite principal officials for the 
administrative authorities of the post and telegraphic service in 
the various districts (such as directors, counsellors, chief in- 
spectors), likewise the appointment of the officials acting as the 
agents of the before- mentioned functionaries, in the service of 
supervision, etc., in the separate districts (such as inspectors, 
controllers), proceeds, for the whole territory of the German 
Empire, from the Emperor, to whom these officials render the 
oath of service. Timely notice of the appointments in question, 
for the governmental approbation and publication, will be given 
to the Governments of the several States, so far as their territory 
is thereby concerned. 

The other officials necessary for the post and telegraphic 
service, as well as all those required for the local or technical 
business, and therefore the officials, etc., acting at the actual 
place of business, will be appointed by the respective State Gov- 
ernments. 



CONSTITUTION OF THE GEKMAN EMPIBE 253 

Where there is no independent State post, or telegraph ad- 
ministration, the provisions of the special Treaties supply the 
rule. 

LI. In making over the balance of the postal administration 
for general Imperial purposes (Article XLIX.), in consideration 
of the previous difference in the net incomes obtained by the 
State postal administrations of the separate territories, the fol- 
lowing proceeding is to be observed for the purpose of a corre- 
sponding arrangement during the undermentioned period of 
transition. 

From the postal balances which have accrued in the separate 
postal districts during the five years, 1861 to 1865, an average 
yearly balance will be calculated, and the share which each 
separate postal district has had in the postal balance thus shown 
for the whole territory of the Empire, will be fixed according to 1 
percentages. 

According to the proportion ascertained in this manner, the 
separate States will be credited for the next eight years after their 
entrance into the postal administration of the Empire, with such 
quotas as, accrue to them from the postal balances produced in 
the Empire, in account with their other contributions for Imperial 
purposes. 

At the expiration of the 8 years all distinctions cease, and 
the postal balances will flow in undivided account into the Im- 
perial Treasury, according to the principle set forth in Article 
XLIX. 

From the quotas of the postal surplus thus ascertained during 
the before-mentioned 8 years for the Hanseatic towns, one half 
will be placed beforehand every year at the disposal of the Em- 
peror, for the purpose, in the first place, of paying therefrom the 
expenses for the establishment of normal postal institutions in 
the Hanseatic towns. 

LIL The stipulations in the foregoing Articles XL VIII. to 
LI. have no application to Bavaria and Wurtemberg. In their 
place the following stipulations are in force for those two states 
of the Confederation. 

To the Empire alone belongs the legislation as to the postal 
and telegraphic privileges, as to the legal relations between both 
institutions and the public, as to exemptions from postage and 



254 FEDEKAL AND UNIFIED CONSTITUTIONS 

rates of postage, exclusively, however, of the rules and tariff 
regulations for the domestic circulation of Bavaria, and of 
Wurtemberg respectively, likewise under similar reservation the 
settlement of the fees for telegraphic correspondence. 

In the same manner the regulation of the postal and tele- 
graphic intercourse with foreign countries belongs to the Empire, 
excepting the direct intercourse of Bavaria, and of Wurtemberg 
themselves with the neighbouring States which do not belong to 
the Empire, the regulations as to which remain as stipulated in 
Article XLIX. of the Postal Treaty of 23 November, 1867. 

Bavaria and Wurtemberg do not participate in the income 
flowing into the Imperial Treasury from the postal and telegraph 
service. 

9. Shipping and Navigation. 

LIU. The war navy of the Empire is one united navy under 
the chief command of the Emperor. The organization and 
composition thereof is the business of the Emperor, who appoints 
the naval officers and officials, and into whose service they and 
the men are to be sworn. 

The Harbour of Kiel and that of Jahde are Imperial military 
harbours. 

The necessary expenses for the establishment and mainten- 
ance of the war fleet, and the institutions in connection therewith, 
are paid from the Treasury of the Empire. 

The whole of the maritime population of the Empire, includ- 
ing engineers and shipwrights, are free from service in the land 
army, but on the other hand, are bound to serve in the Imperial 
Navy. 

The apportionment of the recruits is arranged according to 
the number of the maritime population, and the quota which 
each State thus contributes is deducted from the contingent to 
the land army. 

LIV. The merchant vessels of all the States of the Con- 
federation form one undivided commercial navy. 

The Empire has to determine the method of ascertaining the 
burthen of sea-going vessels, to grant tonnage certificates, as 
well as to regulate other ship certificates, and to determine the 



CONSTITUTION OF THE GERMAN EMPIEE 255 

conditions upon which the permit to command a sea-going vessel 
depends. 

The merchant ships of all the States of the Confederation 
will be admitted and treated on equal terms in the seaports 
and in all the natural and artificial water-ways of the separate 
States of the Confederation. The dues to be levied in the sea- 
ports from sea-going vessels or their cargoes for using the ap- 
pliances of navigation, must not exceed the expenses which are 
requisite for the maintenance and ordinary repairs of those 
appliances. 

On all natural water-ways dues may only be levied for the 
use of such appliances as are especially intended for the further- 
ance of traffic. These dues, as well as the dues payable for 
making use of such artificial water-ways as are State property, 
must not exceed the expenses which are requisite for the 
maintenance and ordinary repairs of such erections and works. 
These regulations are also applicable to rafting so far as it takes 
place on navigable water-ways. 

The imposing . of other or higher dues on foreign ships, or 
their cargoes, than those paid by the ships of the Federal States 
does not belong to any single State, but solely to the Empire. 

LY. The flag of the navy and of the mercantile marine is 
black- white-red. 

10. Consular Service. 

LVI. The whole of the Consular Service of the German 
Empire is under the superintendence of the Emperor, who 
appoints the Consuls after consultation with the Committee of 
the Council of the Confederation for Commerce and Traffic. 

Within the official district of the German Consuls no new 
Consulates for separate States may be erected. The German 
Consuls exercise the functions of a national Consul for any 
State of the Confederation, not represented in their district. 
The whole of the existing Consulates for separate States are 
to be abolished as soon as the organization of the German 
Consulates is so completed, that the representation of the 
interests of all the States of the Confederation is recognized by 
the Council of the Confederation as secured by the German 
Consulates. 



256 FEDEKAL AND UNIFIED CONSTITUTIONS 

11. Military Affairs of the Empire. 

LVII. Every German is liable to military service, and cannot 
have that service performed by substitute. 

LVIIL The expenses and burdens of the whole of the military 
affairs of the Empire are to be borne equally by all of the States 
of the Confederation and those belonging to them, so that no 
preferences, or overburdening of any single States or classes, 
are in principle admissible. Where an equal division of the 
burdens is not practicable in natura, without prejudice to the 
public welfare, the matter is to be arranged on the principles of 
equity by means of legislation. 

LIX. Every German capable of service belongs >for 7 years 
to the standing army, as a rule from the completion of the 
twentieth to the commencement of the twenty-eighth year of his 
age ; that is, for the first 3 of these years with the colours, and 
for the last 4 years in the reserve ; then for the following 5 
years of his life to the Landwehr. In those States of the 
Confederation wherein hitherto a longer period than 12 years 
of service altogether has been legal, the gradual reduction of 
such service can only take place in so far as regard for the 
readiness of the Imperial Army for war permits it. 

With respect to the emigration of men belonging to the 
reserve only those regulations are to be applied which are in 
force for the emigration of men of the Landwehr. 

LX. The effective strength of the German Army in peace is 
fixed till 31 December, 1871, at one per cent, of the population 
of the year 1867, and the separate States of the Confederation 
supply it pro rata. Subsequently the effective strength of the 
army in peace will be determined by Imperial legislation. 

LXI. After the publication of this Constitution the whole 
Prussian Military Code of Laws is to be introduced throughout 
the Empire without delay, both the laws themselves and the 
regulations, instructions, and rescripts issued for the explana- 
tion and completion thereof, especially therefore the Military 
Penal Code of 3 April, 1845, the Military Court Martial Regula- 
tions of 3 April, 1845 ; the Ordinance upon Courts of Honour of 
20 July, 1843 ; the regulations upon recruiting, time of service, 
allowance and maintenance affairs, billeting, compensations for 



CONSTITUTION OF THE GBEMAN EMPIEE 257 

damages to agriculture, mobilisation, etc., for war and peace. 
The military Church ritual is, however, excluded. 

After the uniform war organization of the German army has 
been effected, a comprehensive military law for the Empire will 
be laid before the Imperial Diet and the Council of the Con- 
federation for their constitutional decision. 

LXIL To cover the outlay necessary for the entire German 
army, and the arrangements appertaining thereunto until 31 
December, 1871, there are yearly to be placed at the disposal of 
the Emperor, as many times 225 thalers, in words two hundred 
and twenty-five thalers, as the poll-number of the peace strength 
of the army amounts to, according to Article LX. (See Section 
XII.) 

After 31 December, 1871, these contributions must continue 
to be paid to the Imperial Treasury by each State of the Con- 
federation. For the calculation thereof the effective strength in 
peace, as provisionally settled in Article LX., will be taken as the 
basis until it is altered by an Imperial law. 

The expenditure of this sum for the entire Imperial Army 
and its arrangements will be determined on by the Estimate 
Law. 

In settling the estimates of the military expenses the legal 
organization of the Imperial Army, as laid down in this Con- 
stitution, will be taken as the basis. 

LXIII. The entire land force of the Empire will form a 
single army, which in war and peace is under the command of 
the Emperor. 

The regiments, etc., bear running numbers for the entire 
German Army. For their clothing, the ground colours and 
fashion of the Koyal Prussian Army are to be the model. It is 
left to the chiefs of the respective contingents to determine the 
external marks of distinction (cockades, etc.). 

It is the duty and the right of the Emperor to take care that 
all the divisions of troops within the German Ai my are numeric- 
ally complete and effective for war, and that unity in the 
organization and formation, in the armament and command, in 
the training of the men, as well as in the qualifications of the 
officers, be established and maintained. For this purpose the 
Emperor has the right to convince himself of the condition of 



258 FEDBBAL AND UNIFIED CONSTITUTIONS 

the separate contingents at all times by inspection, and to order 
the reformation of any defects thereby discovered. 

The Emperor determines the effective strength, the division 
and arrangement of the contingents of the Imperial Army, as 
well as the organization of the Landwehr, he also has the right 
of determining the garrisons within the territories of the Con- 
federation, and to order the embodiment of any part of the 
Imperial Army in a state of preparation for war. 

For the purpose of keeping up the indispensable uniformity 
in the administration, maintenance, armament, and equipment 
of all the divisions of troops of the German Army, the orders 
issued thereon in future for the Prussian Army will be com- 
municated in a suitable manner, through the committee for the 
land army and fortresses mentioned in Article VIII., No. 1, to the 
commanders of the other Contingents for observance. 

LXIV. All German troops are bound to obey the commands 
of the Emperor unconditionally. This duty is to be specified in 
the banner-oath. 

The Commander-in-Chiof of a contingent, likewise all officers 
who command troops of more than one contingent, and all 
commanders of fortresses are appointed by the Emperor. The 
officers appointed by the Emperor take the banner-oath to him. 
The appointments of Generals and officers acting as Generals 
within the contingents are at all times subject to the approbation 
of the Emperor. 

The Emperor has the right, for purposes of transfer, with or 
without promotion, to select, for such appointments as are to 
be made by him in the Imperial Service, whether in the Prussian 
Army or in other contingents, from the officers of all the con^- 
tingents of the Imperial Army. 

LXV. The right of erecting fortresses within the territories 
of the Confederation belongs to the Emperor, who proposes, 
according to Section XII., the grant of the necessary means for 
the purpose, in so far as they are not provided for in the ordinary 
estimates. 

LXVI. Where nothing to the contrary is stipulated by par- 
ticular Conventions, the Sovereigns of the Confederation, or the 
Senates, appoint the officers of their contingents, subject to the 
restriction of Article LXIV. Thev are the chiefs of all the 



CONSTITUTION OF THE GERMAN EMPIRE 259 

divisions of troops belonging to their teriitories, and enjoy the 
honours connected therewith. They have especially the right 
of inspection at all times, and receive, besides the regular reports 
and announcements of alterations which take place, timely in- 
formation, for the purpose of Governmental publication, of all 
promotions or nominations among the respective divisions of the 
troops. 

Likewise they have the right to make use, for purposes of 
police, not only of their own troops, but also to make requisi- 
tion for any other division of troops of the Imperial Army which 
may be located in their territories. 

LXVII. Unexpended balances from the military estimate do 
not belong under any circumstances to a single Government, but 
at all times to the Imperial Treasury. 

LXVIII. The Emperor may, when the public safety is 
threatened in the territories of the Confederation, declare any 
part thereof to be in a state of war. Until the promulgation of 
an Imperial law, which will regulate the premisses, the form of 
publication and the effects of such a declaration, the rules of the 
Prussian law of 4: June, 1851, remain in force. (Collection of 
Laws for 1851, p. 451 & sqq.) 

Final Stipulation to Section XL 

The provisions contained in this section come into force in 
Bavaria according to the special stipulations of the Treaty of 
Confederation, of 23 November, 1870 (Federal Law Gazette, 
1871, p. 9), under III., 5, and in Wurtemberg, according to 
the special stipulations of the Military Convention of 21 to 25 
November, 1870 (Federal Law Gazette, 1870, p. 658). 

12. Finances of the Empire. 

LXIX. All the receipts and disbursements of the Empire must 
be estimated for each year, and be brought into the Imperial 
estimates. These are to be fixed by a law before the beginning 
of the financial year, according to the following principles. 

LXX. To provide for all common expenses, any balances of 
the preceding year are first of all employed, and likewise the 
common revenues derived from the duties, the common consump- 
tion taxes, and from the postal and telegraph services. In so 



260 FEDEEAL AND UNIFIED CONSTITUTIONS 

far as they cannot be provided for by these revenues, they are, 
as long as Imperial taxes are not introduced, to be met by con- 
tributions from the single States of the Confederation, in pro- 
portion to their population, which contributions to the amount 
estimated in the budget will be assessed by the Chancellor of the 
Empire. 

LXXL The common disbursements are, as a rule, voted for 
one year ; they may, however, in particular cases, be voted for a 
longer period. 

During the time of transition mentioned in Article LX., the 
estimates of the expenditure for the army, arranged under heads, 
are to be laid before the Council of the Confederation and the 
Imperial Diet only for their information and remembrance. 

LXXII. The Chancellor of the Empire is to give account 
yearly to the Council of the Confederation and to the Imperial 
Diet of the application of all the incomes of the Empire, for dis- 
charge of responsibility. 

LXXIII. In cases of extraordinary requirements, the con- 
tracting of a loan, also the undertaking of a guarantee on account 
of the Empire, may take place by Imperial legislation. 

Final Stipulation to Section XII. 

To tho expenditure for the Bavarian army Articles LXIX. and 
LXXL are only applicable in conformity with the stipulations of 
the Treaty of 23 November, 1870, mentioned in the final stipu- 
lation to Section XL, and Article LXXII. only so far that the 
assignment to Bavaria of the sums necessary for the Bavarian 
army is to be notified to the Council of the Confederation and to 
the Imperial Diet. 

13- Settlement of Differences and Penal Stipulations. 

LXXIV. Every undertaking against the existence, the in- 
tegrity, the safety, or the Constitution of the German Empire ; 
finally, insulting the Council of the Confederation or the 
Imperial Diet, or a member of the Council of the Confederation 
or of the Imperial Diet, or any authority, or a public functionary 
of the Empire, whilst in the exercise of their vocation, or in 
reference to their vocation, by word, in writing, printing, drawing, 
figurative or other representation, will be sentenced and punished 



CONSTITUTION OF THE GEEMAN EMPIEE 261 

in the separate States of the Confederation according to the exist- 
ing law, or the laws which may in future be enacted there, in pur- 
suance of which a similar offence committed against that separate 
State of the Confederation, its Constitution, its Chambers, or 
Diet, the members of its Chambers, or Diet, its authorities and 
functionaries, would be punished. 

LXXV. For those undertakings against the German Empire, 
mentioned in Article LXXIV., which, if they had been under- 
taken against one of the separate States of the Confederation, 
would be qualified as high treason, or treason against the 
country, the Common Upper Court of Appeal of the three free 
and Hanseatic towns, at Lubeck, is the competent deciding 
authority in first and last instance. 

The special regulations as to the competency and the procedure 
of the Upper Court of Appeal are to be settled by way of 
Imperial legislation. Until the promulgation of an Imperial law, 
the competency of the courts in the separate States of the Con- 
federation, and the provisions relative to the procedure of these 
courts, remain as they have hitherto been. 

LXXVL Differences between various States of the Con- 
federation, in so far as they are not of a private legal nature and 
therefore to be decided by the competent judicial authorities, 
will, at the suit of one of the parties, be settled by the Council 
of the Confederation. 

Constitutional differences in those States of the Confedera- 
tion in whose constitution no authority for settling such disputes 
is provided, are to be amicably arranged by the Council of 
the Confederation at the suit of one of the parties, or if this 
should not succeed, they are to be settled by way of Imperial 
legislation. 

LXXVII. If, in a State of the Confederation, the case of 
a refusal of justice should occur, and sufficient aid cannot be 
obtained by way of law, it is the duty of the Council of the 
Confederation to take cognizance of the complaints as to the 
refused or hindered administration of the law when proved ac- 
cording to the Constitution and existing laws of the respective 
State of the Confederation, and thereupon to cause the Govern- 
ment of the Confederate State which has given occasion for the 
complaint, to afford judicial aid. 



262 FEDEBAL AND UNIFIED CONSTITUTIONS 

14- General Stipulations. 

LXXVIII. Alterations in the Constitution take place by way 
of legislation. They are considered as rejected if they have 14 
votes in the Council of the Confederation against them. 

Those provisions of the Constitution of the Empire, by which 
certain rights are established for separate States of the Confedera- 
tion in their relation to the community, can only be altered 
with the consent of the State of the Confederation entitled to 
those rights. 



ACT OF PARLIAMENT ESTABLISHING THE 
FEDERATION OF THE LEEWARD ISLANDS. 
21 AUGUST, 1871. 

[34 and 35 Vicb. Cap. 107, ''Law Reports Public General 
Statutes," vol. 6 (1871), pp. 548-553.] 

An Act for the Federation and general Government of 
the Leewa?*d Islands. 

[21st August, 1871.] 

WHEREAS the several legislative bodies of Her Majesty's 
Leeward Islands have, by certain resolutions, signified 
their desire for the union of the said islands under one 
government in manner therein set forth, and have re- 
quested that the said resolutions may be embodied in an 
Act of the Imperial Parliament with all such provisions 
as may be necessary to give them full force and effect, 
and it is expedient that the said union should be es- 
tablished : 

Be it enacted by the Queen's Most Excellent Majesty, 
by and with the advice and consent of the Lords Spiritual 
and Temporal, and Commons, in this present Parliament 
assembled, and by the authority of the same, as follows : 

1. This Act may be cited for all purposes as " The Short Title. 
Leeward Islands Act, 1871." 

2. So soon as this Act shall come into operation in Colony of 

the Leeward Islands, those islands shall form one colony. Leeward 
... . ' ., , ,, , . . 5* Islands, 

consisting of six presidencies, namely, the several islands 

of Antigua, Montserrat, Saint Christopher, Nevis, and 
Dominica, with their respective dependencies, and the 
Virgin Islands. 

3. In this Act the following terms shall have the Definition of 

263 Terms. 



264 FEDEKAL AND UNIFIED CONSTITUTIONS 



Commence- 
ment of Act. 

Executive 
Council. 



Appointment 
of officers. 



General Legis- 
lative Council, 



Elective 
members. 



meanings hereby assigned to them, unless there be some- 
thing in the subject or context repugnant thereto ; (that is 
to say,) 

"Governor" shall mean the Governor or officer for 
the time being administering the general govern- 
ment of the Leeward Islands : 

"General Government" and "General Legislature" 
shall respectively mean the government and legis- 
lature of the Leeward Islands : 

" Island Government," " Island Council," and " Island 
Legislature " shall mean respectively the govern- 
ment, legislative body, or legislature of one of the 
above-named presidencies : 

" Proclamation " shall mean a written or printed notice 
under the hand of the Governor, published by his 
order in each of the presidencies which it may 
directly concern. 

4. This Act shall come into operation in the Leeward 
Islands on a day to be declared by proclamation. 

5. There shall be an Executive Council of the Leeward 
Islands consisting of such persons or officers as the Queen 
may from time to time name or designate. 

6. The Queen may, from time to time, appoint such 
officers of the General Government as Her Majesty may 
think fit, with such salaries as may be assigned to them 
by the General Legislature. 

7. There shall be in the Leeward Islands a legislative 
body, to be styled " The General Legislative Council," 
composed of ten elective and ten non-elective members. 

Provided that the proceedings of the Council shall not 
be invalid on account of any vacancies therein. 

8. Of the elective members, four shall be taken from 
the Island Council of Antigua, three from that of Saint 
Christopher, two from that of Dominica, and one from 
that of Nevis. They shall respectively be chosen by the 
elective members of the island council from which they 
are taken, in such manner as the said island council may, 
from time to time, by any standing rule determine, and 
within such period as may, from time to time, be pre- 
scribed by proclamation. 



FEDEBATION OP THE LEEWARD ISLANDS 265 

9. The non-elective members shall be appointed by Non-elective 
the Queen in such manner and under such conditions as membera - 
Her Majesty may think fit, and shall be as follows : 

A President, who at the time of his appointment shall President, 
be member of some island council : 

Three official members, who shall at the time of their Official 
appointment be officers of the General Government, and members - 
shall ipso facto vacate their seats on ceasing to be so : 

Six unofficial members, of whom one shall be taken Unofficial 
from each of the island councils, and who shall ipso facto mem ers * 
vacate their seats on ceasing to be members of such 
councils. 

10. Subject to the provisions of the twenty-fifth and Legislative 
twenty-sixth sections of this Act, the Governor with thegj^?, of the 
consent of the General Legislative Council, herein-after 
referred to as " the Council," may make laws, for the Lee- 
ward Islands or any part thereof, on the following sub- 
jects : 

(1) The law of real and personal property, including 
wills, testaments, probate, and administration of estates 
of deceased persons : 

(2) The mercantile law : 

(3) The law relating to husband and wife, parent and 
child, marriage, divorce, and guardianship of infants : 

(4) The criminal law : 

(5) The constitution of courts of law, the criminal and 
civil administration of justice, including the jurisdiction, 
practice, and procedure of all courts of law, criminal and 
civil : 

(6) The establishment and regulation of a common 
convict station and a common prison discipline : 

(7) The establishment and regulation of a general 
police force, and of the other protective forces of the 
Leeward Islands : 

(8) The post office and the electric telegraph : 

(9) Quarantine : 

(10) Currency: 

(11) Weights and measures : 

(12) Audit of the public accounts in the several presi- 
dencies : 



266 FEDEBAL AND UNIFIED CONSTITUTIONS 



L owe S rsof C 
Presidencies. 



Council. 

When to be 
convoked. 



Place of Meet- 
1Dg - 

Duration of 
CounciL 

Oath to be 
taken by the 
members 01 the 

General Legis- 
lative Council. 



Appointment 
president 



(13) Education: 

(14) Immigration and treatment of immigrants : 

(15) Idiots, luratics, and idiot and lunatic asylums : 

(16) Copyrights and patents : 

(17) The corstitution and procedure of the Council. 

(18) Such $ther subjects in respect of each presidency 
as the Island Legislature thereof may declare to be within 
the competency of the General Legislature. 

11 ' Su ^J ect to the Provisions of the twenty-fifth and 
* wen ty"ixth sections of this Act, the Governor may, with 
the CQ nse nt of the Legislative Body of any presidency, 
mak laws for the peace, order, and good government 
^h&reof, but any island enactment relating to any of the 
Subjects named in the preceding section may at any time 
be repealed or altered by the General Legislature, and 
shall, without any formal repeal, be void so far as it is 
repugnant to any law passed by the General Legislature. 

12. The Council may from time to time be convoked, 
P roro g ue ^> an< ^ dissolved by any instrument under the 
hand and seal of the Governor. 

13. The Council shall be so convoked within six 
months after this Act shall come into operation in the 
Leeward Islands, and afterwards once (at least) in every 
year. 

14. The place of meeting of the Council shall from 
time to time be fixed by proclamation. 

15. The duration of the Council, unless sooner dis- 
solved, shall be three years. 

16. Every member of the Council shall, before taking 
j^g sea ^ ^ a ^ e an ^ subscribe before the Governor, or some 

1.111. /. -.1 

person authorized by him, the following oath of allegiance : 
.< ^ A B ^ do swear that I will be f ait hful and bear true 
allegiance to Her Majesty Queen Victoria, her heirs and 
successors, according to law. So help me GOD." But 
any person authorized by law to affirm or declare instead 
of taking an oath may make such affirmation or declara- 
tion in lieu of the said oath. 

17. The Council shall appoint one of the members of 
^ Council to be vice-president thereof. 



FEDERATION OF THE LEEWARD ISLANDS 267 

18. Every member of the Council, except the official Resignation of 
members, may resign his seat therein by writing under ^ c j} 
his hand addressed to the Governor. 

19. Every elective member who shall accept any Vacation of 
oflice under the Crown shall vacate his seat in the said sea ; 1 f ? n > 
Council, but shall be eligible for re-election. office! anCC 

20. When any elective member vacates his seat in the Appointment 
Council otherwise than by the dissolution or other deter- ot elective . 
mination thereof, the elective members of the island caseVt^ 8 m 
council which he represented shall choose a successor vacanc i r - 
within three months after notice of such vacancy shall 

have been proclaimed in the presidency ; and if they fail 
to do so within that time the Governor shall appoint a 
person from that island council to fill such vacancy. 

21. Until otherwise determined by the Council, the Quorum. 
Council shall not be considered as constituted for the des- 
patch of business unless at least eleven members be pre- 
sent and assisting thereat. 

22. Questions arising in the Council shall be decided Majority of 
by a majority of voices; the President shall, in all cases, 

have a vote, and when the voices are equal the decision 
shall be deemed to be in the negative. 

23. No vote or resolution shall be proposed in the initiation of 
Council having for its object to charge any part of the rnoney votes ' 
revenues arising within the said Leeward Islands, except 

by one of the official members, or with the express 
approval or direction of the Governor. 

24. When a Bill passed by the Council is presented to Assent to Bills 
the Governor for his assent, he shall declare according to 

his discretion either that he assents thereto, or that he 
refuses his assent to the same, or that he reserves the same 
for the signification of Her Majesty's pleasure thereon. 

25. When the Governor assents to a Bill, he shall by Disallowance 
the first convenient opportunity send an authentic copy of of Acts - 
the law to one of Her Majesty's Principal Secretaries of 

State, and it shall be lawful for Her Majesty at any time 
within eighteen months after such copy shall have been 
received by the said Secretary of State to notify to the 
Governor her disallowance of such law through one of her 



268 FEDEBAL AND UNIFIED CONSTITUTIONS 

Principal Secretaries of State, and every such law shall 
become null and void from and after the day on which the 
said Governor shall signify such disallowance by message 
to the Council, or from and after a day to be named by 
proclamation. 

Signification of 26. A Bill reserved for the signification of Her Majesty's 

^eLure i^on P^ easure shall take effect so soon as Her Majesty shall 

reserved Bills, have given her assent to the same by Order in Council, 

and the Governor shall have signified such assent by 

message to the Council or proclamation, provided that no 

Standing rules such message or proclamation shall be issued after two 

and orders. years from the day on which the Bill was presented to the 

Governor for his assent. 

27. The Council shall at its first meeting, and may 
from time to time afterwards, as occasion may require, 
adopt standing rules and orders for the orderly conduct of 
business, which rules and orders shall take effect when 
confirmed by the Governor. 

Apportionment 28. The expenses of such establishments as are common 

common 868 f * a ^ ^ e ^eeward Islands, other than the remuneration 

establishment, and travelling expenses of the members of the Council, 

shall be fixed by the Council, and shall, until otherwise 

apportioned by the Council, be divided into sixteen parts, 

which shall be charged as follows : 

On Antigua . . . . .5 parts. 
,, St. Christopher . . . 4 ,, 
,, Dominica . . . . 3 ,, 
Nevis . . , . . 2 
,, Monserrat . ... 1 part. 
Virgin Islands . . . 1 ,, 
Such charges, however, as may be incurred in respect of 
immigration shall be shared only by such islands as may 
elect to participate therein. 

Annual 29. An estimate of such expenses shall be every year 

Estimates. prepared by the General Government and laid before the 
Council, and when passed by the Council shall be published 
in the Leeward Islands; and after such publication the 
Governor may, from time to time, as the occasion shall 
require, draw on the public treasury of each presidency for 



FEDEKATION OF THE LEEWAKD ISLANDS 269 

the whole or any part of the amount due from such 
presidency. 

30. The Council may, by any law or laws, alter from Power to 
time to time any of the provisions of this Act : Provided 

that every such law shall be reserved by the said Governor Act. 
for the signification of Her Majesty's pleasure. 

31. The term Governor or officer administering the Existing 
Government, when used in any island enactment bereto-^^ S Q^ vern 
fore passed, shall, after this Act shall come into operation, ors to vest in 
and until otherwise provided by the Island Legislature, Leewanf Ot 
be taken to mean the Governor of the Leeward Islands or islands, 
any other person appointed in that behalf by writing under 

his hand and under the Public Seal of the Presidency. 

32. The powers conferred on Her Majesty by the fifth, Delegation of 
sixth, and ninth sections of this Act may be exercised by ^ tfo Governor 
instructions or warrants under the Royal Sign Manual and 

Signet, or may be delegated to the Governor by letters 
patent under the great seal of the United Kingdom ; and 
such instructions, warrants or letters patent may be issued 
before this Act shall come into operation in the Leeward 
Islands. 

33. It shall be lawful for Her Majesty, by Order in Power to 
Council, from time to time, on address from the Legisla- ^5^^^,, 
tive Body of any of the West Indian Islands not included operation of 
in this Act and from the Council, to bring such island Act> 
under the operation of this Act, on such terms and condi- 
tions in each case as are in the addresses expressed, and 

as Her Majesty thinks fit to approve, and the provisions 
of any Order in Council in that behalf shall have effect as 
if they had been enacted by the Imperial Parliament. 



CONSTITUTION OF THE SWISS CONFEDERATION. 
29 MAY, 1874. 

["Recueil des Lois Federates" (Berne, 1875), vol. i. pp. 1-27. For 
the Constitution of 1849 see "Texte Officiel de la Constitution 
Federate Suisse," 1856.] 

CONSTITUTION FEDERALE 

DE LA 

CONFEDERATION SUISSE. 
(Du 29 MAI 1874) 

AU NOM DB DIEU TOUT PUISSANT ! 

LA CONFEDERATION SUISSE 

Voulant affermir 1'alliance des Confeder6s, maintenir et ac- 
croitre 1'unite, la force et 1'honneur de la Nation suisse, a adopte 
la Constitution i'6derale suivante : 

CHAPITRE PREMIER. 

DISPOSITIONS G^N^BALES. 

ART. l er . Les peuples des vingfc-deux Cantons souverains de 
la Suisse, unis par la presente alliance, savoir : Zurich, Berne, 
Lucerne, Uri, Schwyz, Unterwalden (Le Haut et le Bas), Glaris, 
Zoug, Fribourg, Soleure, Bdle (Ville et Campagne), Schaff house, 
Appenzell (les deux Rhodes), St. Gall, Orisons, Argovie, Thur- 
govie, Tessin, Vaud, Valais, Neuchdtel et Geneve, forment dans 
leur ensemble la CONFEDERATION SUISSE. 

ART. 2. La Confederation a pour but d'assurer 1'independ- 
ance de la patrie coutre 1'etranger, de maintenir la tranquillity 
et Tordre a I'mterieur, de prot^ger la Iibert6 et les droits des 
Confed6r6s et d'accroitre leur prosperite commune. 

ART. 3. Les Cantons sont souverains en tant quo leur 
souverainete n'est pas limitee par la Constitution f6d6rale, et, 

270 



THE SWISS FEDERAL CONSTITUTION 271 

comme tels, ils exercent tons les droits qui ne sont pas deiegu6s 
au pouvoir federal. 

ABT. 4. Tous les Suisses sont 6gaux devant la loi. II n'y a 
en Suisse ni sujets, ni privileges de lieu, de naissance, de per- 
sonnes on de families. 

ART. 5. La Confederation garantit aux Cantons leur territoire, 
leur souverainete dans les limites fixees par l'article.3, leurs Con- 
stitutions, la liberte et les droits du peuple, les droits constitu- 
tionnels des citoyens, ainsi que les droits et les attributions que 
le peuple a confrere's aux autorites. 

ART. 6. Les Cantons sont tenus de demander a la Confedera- 
tion la garantie de leurs Constitutions. 

Cette garantie est accordee, pourvu : 

a. Que ces Constitutions ne renferment rien de contraire aux 
dispositions de la Constitution fed^rale ; 

b. Qu'elles assurent 1'exercice des droits politiques d'apres 
des formes republicaines, representatives ou democratiques ; 

c. Qu'elles aient ete acceptees par le peuple, et qu'elles 
puissent etre r6visees lorsque la majority absolue des citoyens 
le demande. 

ART. 7. Touto alliance particuliere et tout traite d'une nature 
politique entre Cantons sont interdits. 

En revanche, les Cantons ont le droit de conclure entre eux 
des conventions sur des objets de legislation, d'administration 
ou de justice ; toutefois, ils doivent les porter i\ la connaissance 
de 1'autorite federale, laquelle, si ces conventions renferment 
quelque chose de contraire a la Confederation ou aux droits des 
autres Cantons, est autoris^e a en emp^cher Fex^cution. Dans 
le cas contraire, les Cantons contractants sont autorises a r6- 
clamer, pour I'ex6cution la cooperation des autorites f6d6rales. 

ART. 8. La Confederation a seule le droit de declarer la 
guerre et de conclure la paix, ainsi que de faire avec les Etats 
etrangers des alliances et des traites, notamment des traites de 
p6age (douanes) et de commerce. 

ART. 9. Exceptionnellement, les Cantons conservent le droit 
de conclure avec les Etats etrangers des traites sur des objets 
concernant Teconomie publique, les rapports de voisinage et de 
police ; n6anmoins ces traites ne doivent rien contenir de con- 
traire & la Confederation ou aux droits d'autres Cantons. 



272 FEDERAL AND UNIFIED CONSTITUTIONS 

ART. 10. Les rapports officials entre les Cantons et les 
Gouvernments Strangers ou leurs representants ont lieu par 
1' intermediate du Conseil federal. 

Toutefois, les Cantons peuvent correspondre directement 
avec les autorites inferieures et les employes d'un Etat Stranger, 
lorsqu'il s'agit des objets mentionnes & Particle precedent. 

ABT. 11. II ne peut etre conclude capitulations militaires. 

ART. 12. Les membres des autorites federales, les fonction- 
naires civils et militaires de la Confederation, et les repr6sent- 
ants ou les commissaires federaux ne peuvent recevoir d'un 
Gouvernement Stranger ni pensions ou traitements, ni titres, 
presents ou decorations. 

S'ils sont deja en possession de pensions, de titres ou de 
decorations, ils devront renoncer a jouir de leurs pensions et a 
porter leurs titres et leurs decorations pendant la dur6e de 
leurs fonctions, 

Toutefois les employes inferieurs peuvent &tre autorises par 
le Conseil federal h recevoir leurs pensions. 

On ne peut, dans I'armee f6d6rale, porter ni decoration ni 
titre accordes par un Gouvernement etranger. 

II est interdit a tout officier, sous-ofificier ou soldat d'accepter 
des distinctions de ce genre. 

ART. 13. La Confederation n'a pas le droit d'entretenir des 
troupes permanentes. 

Nul Canton ou demi-Canton ne peut avoir plus de 300 
hommes de troupes permanentes, sans 1'autorisation du pouvoir 
federal ; la gendarmerie n'est pas comprise dans ce nombre. 

ART. 14. Des differends venant a s'eiever entre Cantons, les 
Etats s'abstiendront de toute voie de fait et de tout armement. 
Ils se soumettront a la decision qui sera prise sur ces differends 
conform6ment aux prescriptions federales. 

ART. 15. Dans le cas d'un danger subit provenant du dehors, 
le Gouvernement du Canton menace doit requ6rir le secours des 
Etats confed6res et en aviser immediatement Pautorite federale, 
le tout sans prejudice des dispositions qu'elle pourra prendre. 
Les Cantons requis sont tenus de pr&ter secours. Les frais sont 
support 6s par la Confederation. 

ART. 16. En cas de troubles a 1'interieur, ou lorsque le danger 
provient d'un autre Canton, le Gouvernement du Canton menace 



THE SWISS FEDEBAL CONSTITUTION 273 

doit en aviser imm<diaternent le Conseil federal, afin qu'il puisse 
prendre lea mesures n^cessaires dans les limites de sa competence 
(Article 102, chiffres 3, 10 et 11) ou convoquer TAssemblee 
federale. Lorsqu'il y a urgence, le Gouvernement est autorise, 
en avertis sant imrnediatement le Conseil federal, a requerir le 
secours d'autres Etats confederes, qui sont tenus de le prater. 

Lorsque le Gouvernement est hors d'etat d'invoquer le 
secours, 1'autorite federale competente peut intervenir sans 
requisition ; elle est tenue de la faire lorsque les troubles com- 
promettent la silrete de la Suisse. 

En cas d'intervention, ies autorites federales veillent a 
1'observation des dispositions prescrites & Tarticle 5. 

Les frais sont supportes par le Canton qui a requis 1'assist- 
ance ou occasionne Intervention, & moins que 1'Assemblee 
federale n'en decide autrement, en consideration de circon- 
stances particuli&res. 

AKT. 17. Dans les cas mentionnes aux deux articles pr- 
cedents, chaque Canton est tenu d'accorder libre passage aux 
troupes. Celles-ci seront imniediatement placees sous le com- 
mandement federal. 

AKT. 18. Tout Suisse est tenu au service militaire. 

Les militaires qui, par le fait du service federal, perdent la 
vie ou voient leur sant6 alteree d'une maniere permanente, ont 
droit a des secours de la Confederation, pour eux ou pour leur 
famille, s'ils sont dans le besoin. 

Chaque soldat re9oit gratuitement ses premiers effets 
d'armement, d'^quipement et d'habillement. L'arme reste en 
mains du soldat aux conditions qui seront fixees par la legisla- 
tion federale. 

La Confederation edictera des prescriptions uniformes sur la 
taxe d'exemption du service militaire. 

ABT. 19. L'armee federale est composee : 

a. des corps de troupes des Cantons ; 

b. de tous les Suisses qui, n'appartenant pas a ces corps, 
sont neanmoins astreints au service militaire. 

Le droit de disposer de 1'armee, ainsi que du materiel de 
guerre pr6vu par la loi, appartient a la Confederation. 

En cas de danger, la Confederation a aussi le droit de disposer 
exclusivement et directement des horn me s non incorpor<s dans 

18 



274 FEDEBAL AND UNIFIED CONSTITUTIONS 

rarm6e federale et de toutes les autres ressources militaires des 
Cantons. 

Les Cantons disposent des forces militaires de leur territoire, 
pour autant quo ce droit n'est pas limite par la Constitution ou 
les lois federates. 

ART. 20. Les lois sur 1'organisation de Farme'e emanent de 
la Confederation. L'execution des lois militaires dans les 
Cantons a lieu par les autorites cantonales, dans les limites qui 
seront fixers par la legislation federale et sous la surveillance de 
la Confederation. 

L'instruction militaire dans son ensemble appartient a la 
Confederation ; il en est de m6me de 1'armement. 

La fourniture et 1'entretien de Thabillement et de 1'equipe- 
ment restent dans la competence cantonale ; toutefois, les 
d6penses qui en resultent sont bonuses aux Cantons par la 
Confederation, d'apres une regie a etablir par la legislation 
federale. 

ABT. 21. A moins que des considerations militaires ne s'y 
opposent, les corps doivent 6tre formes de troupes d'un m6me 
Canton. 

La composition de ces corps de troupes, le soin du maintien 
de leur effectif, la nomination et la promotion des officiers de ces 
corps appartiennent aux Cantons sous reserve des prescriptions 
generales qui leur seront transmises par la Confederation. 

ART. 22. Moyennant une indemnite equitable, la Confedera- 
tion a le droit de se servir ou de devenir proprietaire des places 
d'armes et des batiments ayant une destination militaire qui 
existent dans les Cantons, ainsi que de leur accessoires. 

Les conditions de I'mdemnite seront r6giees par la legisla- 
tion federale. 

ART. 23. La Confederation peut ordonner a ses frais ou 
encourager par des subsides les travaux publics qui int6ressent 
la Suisse ou une partie considerable du pays. 

Dans ce but, elle peut ordonner 1' expropriation moyennant 
une juste indemnite. La legislation federale statuera les dis- 
positions ulterieures sur cette matiere. 

L'Assembiee fed6rale peut interdire les constructions 
publiques qui porteraient atteinte aux intents militaires de la 
Confederation. 



THE SWISS FEDERAL CONSTITUTION 275 

ART. 24. La Confederation a le droit de haute surveillance 
sur la police des endiguements et des forQts dans les regions 
eievees. 

Elle concourra a la correction et a 1'endiguement des 
torrents, ainsi qu'au reboisement des regions ou ils prennent 
leur source. Elle d6cr6tera les mesures necessaires pour assurer 
1'entretien de ces ouvrages et la conservation des forets 
existantes. 

ART. 25. La Confederation a le droit de statuer des dis- 
positions legislatives pour regler 1'exercice de la peche et de la 
chasse, principalement en vue de la conservation du gros gibier 
dans les montagnes, ainsi que pour proteger les oiseaux utiles a 
I'agriculture et a la sylviculture. 

ART. 26. La legislation sur la construction et 1'exploitation 
des chemins de fer est du domaine de la Confederation. 

ART. 27. La Confederation a le droit de creer, outre 1'Ecole 
polytechnique existante, une Universite federate et d'autres 
etablissements d'instruction sup^rieure ou de subventionner des 
etablissements de ce genre. 

Les Cantons pourvoient a 1'instruction primaire, qui doit 
6tre suffisante et placee exclusivement sous la direction de 
1'autorite civile. Elle est obligatoire et, dans les ecoles 
publiques, gratuite. 

Les ecoles publiques doivent pouvoir etre frequentees par les 
adherents de toutes les confessions, sans qu'ils aient a souffrir 
d'aucune fa9on dans leur liberte de conscience ou de croyance. 

La Confederation prendra les mesures necessaires contre les 
Cantons qui ne satisferaient pas a ces obligations. 

ART. 28. Ce qui concerne les p6ages reieve de la Confedera- 
tion. Celle-ci peut percevoir des droits d'entree et des droits de 
sortie. 

ART. 29. La perception des p6ages federaux sera r6gl6e con- 
formement aux principes suivants : 

1. Droits sur 1 'importation : 

a. Les matidres n6cessaires a Findustrie et a Tagriculture 
du pays seront taxees aussi bas que possible. 

b. II en sera de m6me des objets necessaires a la vie. 

c. Les objets de luxe seront soumis aux taxes les plus 
^levees. 



276 FEDEEAL AND UNIFIED CONSTITUTIONS 

A moins d' obstacles majeurs, ces principes devront aussi 
etre observes lors de la conclusion de traites de commerce avec 
1'etranger. 

2. Les droits sur 1'exportation seront aussi mode're's que 
possible. 

3. La legislation des plages contiendra des dispositions 
propres a assurer le commerce frontiere et sur les marches. 

Les dispositions ci-dessus n'emp^chent point la Confeder- 
ation de prendre temporairement des mesures exceptionnelles 
dans les circonstances extraordinaires. 

ART. 30. Le produit des p6ages appartient a la Confe"d6r- 
ation. 

Les indemnites payees jusqu'a present aux Cantons pour le 
rachat des plages, des droits de chaussee et de pontonage, des 
droits de douane et d' autres Emoluments semblables, sont sup- 
prim6es. 

Les Cantons d'Uri, des Grisons, du Tessin et du Valais 
regoivent, par exception et a raison de leurs routes alpestres 
international, une indemnit6 annuelle dont, en tenant compte 
de toutes les circonstances, le chiffre est fixe" comme suit : 

Uri fr. 80,000 

Grisons 200,000 

Tessin 200,000 

Valais 50,000 

Les Cantons d'Uri et du Tessin recevront en outre, pour le 
deblaiement des neiges sur la route du St-Gothard, une in- 
demnite annuelle totale de fr. 40,000, aussi longtemps que cette 
route ne sera pas remplace'e par un chemin de fer. 

ART. 31. La liberte de commerce et d'industrie est garantie 
dans toute 1'etendue de la Confederation. 

Sont reserve" s : 

a. La regale du sel et de la poudre de guerre, les pe"ages 
federaux, les droits d' entree sur les vins et les autres boissons 
spiritueuses, ainsi que les autres droits de consommation 
formellement reconnus par la Confederation, a teneur de 
1'Article 32. 

b. Les mesures de police sanitaire contre les epidemies et 
les Epizootics. 

c. Les dispositions touchant 1'exercice des professions com- 



THE SWISS FEDEEAL CONSTITUTION 277 

merciales et industrielles, les imp6ts qui s'y rattachent et la 
police des routes. 

Ces dispositions ne peuvent rien renfermer de contraire au 
principe de la liberte de commerce et d'industrie. 

ART. 32. Les Cantons sont autorises a percevoir les droits 
d'entree sur les vins et les autres boissons spiritueuses prevus 
a T Article 31, lettre a, toutefois sous les restrictions suivantes : 

a. La perception de ces droits d'entree ne doit nullement 
grever le transit ; elle doit gner le moins possible le commerce, 
qui ne peut etre frappe d'aucune autre taxe. 

b. Si les objets import6s pour la consommation sont re- 
exportes du Canton, les droits payes pour Tentree sont restitues 
sans qu'il en resulte d'autres charges. 

c. Les produits d'origine suisse seront moins imposes que 
ceux de Tetranger. 

d. Les droits actuels d'entree sur les vins et les autres 
boissons spiritueuses d'origine suisse ne pourront ctre hausses par 
les Cantons ou il en existe. II n'en pourra etre etabli sur ces 
produits par les Cantoris qui n'en per9oivent pas actuellement. 

e. Les lois et les arr^tes des Cantons sur la perception des 
droits d'entree sont, avant leur mise a execution, soumis a 
1'approbation de 1'autorite federale, afin qu'elle puisse, au 
besoin, faire observer les dispositions qui precedent. 

Tous les droits d'entree pei'9us actuellement par les Cantons, 
ainsi que les droits analogues pergus par les communes, doivent 
disparaitre sans indemnite & 1'expiration de I'ann6e 1890. 

ART. 33. Les Cantons peuvent exiger des preuves de capacity 
de ceux qui veulent exercer des professions liberates. 

La legislation federale pourvoit a ce que ces derniers 
puissent obtenir a cet effet des actes de capacite valables dans 
toute la Confederation. 

ART. 34. La Confederation a le droit de statuer des pre- 
scriptions uniformes sur le travail des enfants dans les fabriques, 
sur la duree du travail qui pourra y etre impose aux adultes, 
ainsi que sur la protection a accorder aux ouvriers centre 
1'exercice des industries insalubres et dangereuses. 

Les operations des agences d'emigration et des entreprises 
d'assurance non instituees par TEtat sont soumises a la sur- 
veillance et a la legislation federale. 



278 FEDERAL AND UNIFIED CONSTITUTIONS 

ART. 35. II est interdit d'ouvrir des maisons de jeu. Celles 
qui existent actuellement seront ferm6es le 31 decembre 1877. 

Les concessions qui auraient ete accordees ou renouvelees 
depuis le commencement de I'ann6e 1871 sont declarers 
nulles. 

La Confederation peut aussi prendre les mesures n6cessaires 
concernant les loteries. 

ABT. 36. Dans toute la Suisse, les postes et les telegraphes 
sont du domaine federal. 

Le produitldes postes et des tel^graphes appartient a lacaisse 
federale. 

Les tarifs seront fixes d'apres les m6mes principes et aussi 
e"quitablement que possible dans toutes les parties de la Suisse. 

L'inviolabilite du secret des lettres et des te!6grammes est 
garantie. 

ABT. 37. La Confederation exerce la haute surveillance sur 
les routes et les ponts dont le maintien Finteresse. 

Les sommes dues aux Cantons d^signes a 1'article 30, a 
raison de leurs routes alpestres internationales, seront retenues 
par 1'autorite federale si ces routes ne sont pas convenablement 
entretenues par eux. 

ART. 38. La Confederation exerce tous les droits compris 
dans la regale des monnaies. 

Elle a seule le droit de battre monnaie. 

Elle fixe le systeme monetaire et peut 6dicter, s'il y a lieu, 
des prescriptions sur la tarification de monnaies 6trang6res. 

ART. 39. La Confederation a le droit de decreter par voie 
legislative des prescriptions generates sur remission et le rem- 
boursement des billets de banque. 

El ne peut cependant creer aucun monopole pour remission 
des billets de banque, ni decreter 1'acceptation obligatoire de ces 
billets. 

ART. 40. La Confederation determine le systeme des poids 
et mesures. 

Les Cantons executent, sous la surveillance de la Confedera- 
tion, les lois concernant cette matiere. 

ART. 41. La fabrication et la vente de la poudre de guerre 
dans toute la Suisse appartiennent exclusivement & la Confedera- 
tion. 



THE SWISS FEDEKAL CONSTITUTION 279 

Les compositions minifies impropres au tir ne sont point 
comprises dans la regale des poudres. 

ABT. 42. Les depenses de la Confederation sont couvertes : 

(a) Par le produit de la fortune fedrale ; 

(b) Par le produit de p6ages federaux pergus a la frontiere 

suisse ; 

(c) Par le produit des postes et des telegraphes ; 

(d) Par le produit de la regale des poudres ; 

(e) Par la moitie du produit brut de la taxe sur les exemp- 

tions militaires pergue par les Cantons ; 

(/) Par les contributions des Cantons, que rglera la legisla- 
tion federale, en tenant compte surtout de leur 
richesse et de leurs ressources imposables. 

ABT. 43. Tout citoyen d'un Canton est citoyen suisse. 

II peut, & ce titre, prendre part, au lieu de son domicile, a 
toufces les elections et votations en matiere fed6rale, apres avoir 
dument Justine de sa qualite d'eiecteur. 

Nul ne peut exercer des droits politiques dans plus d'un 
Canton. 

Le Suisse etabli jouit, au lieu de son domicile, de tous les 
droits des citoyens du Canton et, avec ceux-ci, de tous les droits 
des bourgeois de la commune. La participation aux biens des 
bourgeoisies et des corporations et le droit de vote dans les 
affaires purement bourgeoisiales sont exceptes de ces droits, a 
moins que la legislation cantonale n'en decide autrement. 

En matiere cantonale et communale il devient electeur apres 
un etablissement de trois mois. 

Les lois cantonales sur 1'etablissement et sur les droits 
eiectoraux que possedent en matiere communale les citoyens 
etablis sont soumises & la sanction du Conseil federal. 

ART. 44. Aucun Canton ne peut renvoyer de son territoire 
un de ses ressortissants, ni le priver du droit d'origine ou de cite. 

La legislation federale determinera les conditions auxquelles 
les etrangers peuvent &tre naturalises, ainsi que celles auxquelles 
un Suisse peut renoncer a sa nationalite pour obtenir la 
naturalisation dans un pays etranger. 

ABT. 45. Tout citoyen suisse a le droit de s'etablir sur un 
point quelconque du territoire suisse, moyennant la production 
d'un acte d'origine ou d'une autre 



280 FEDERAL AND UNIFIED CONSTITUTIONS 

Exceptionnellement, I'^tablissement pent &tre refus6 ou 
retir^ a ceux qui, par suite d'un jugement p6nal, ne jouissent pas 
de leurs droits civiques, 

L'^tablissement peut &tre de plus retire a ceux qui ont et6 a 
reiter6es fois punis pour des delits graves, comme aussi & ceux 
qui tombent d'une maniere permanente a la charge de la bien 
faisance publique et auxquels leur commune, soit leur Canton 
d'origine, refuse une assistance suffisante apres avoir invitee 
officiellement a 1'accorder. 

Dans les Cantons ou existe 1'assistance ou domicile, 1'autorisa- 
tion de s'etablir peut e"tre subordonnee, s'il s'agit de ressortissants 
du Canton, a la condition qu'ils soient en etat de travailler et 
qu'ils ne soient pas tombes, a leur ancien domicile dans le 
Canton d'origine, d'une maniere permanente a la charge de la 
bienfaisance publique. 

Tout renvoi pour cause d'indigence doit etre ratine par le 
Gouvernement du Canton du domicile et communique pr6alable- 
ment au Gouvernement du Canton d'origine. 

Le Canton dans lequel un Suisse etablit son domicile ne 
peut exiger de lui un cautionnement, ni lui imposer aucune 
charge particuliere pour cet etablissement. De m6me, les 
communes ne peuvent imposer aux Suisses domicilies sur leur 
territoire d'autres contributions que celles qu'elles imposent a 
leurs propres ressortissants. 

Une loi fed6rale fixera le maximum de Pemolument de 
chancellerie a payer pour obtenir un permis d'etablissement. 

ART. 46. Les personnes 6tablies en Suisse sont soumises, 
dans la regie, a la juridiction et a la legislation du lieu de leur 
domicile en ce qui concerne les rapports de droit civil. 

La legislation 6d6rale statuera les dispositions necessaires 
en vue de Tapplication de ce principe, et pour emp&cher qu'un 
citoyen soit impost a double. 

ART. 47. Une loi fe"d6rale determinera la difference entre 
I'etablissement et le sejour et JSxera en meme temps les regies 
auxquelles seront soumises les Suisses en s6jour quant a leurs 
droits politiques et a leurs droits civils. 

ART. 48. Une loi fed6rale statuera les dispositions necessaire 
pour r6gler ce qui concerne les frais de maladie et de sepulture 
des ressortiasants pauvres d'un Canton tomh^s malades ou 
dans un autre Canton. 



THE SWISS FBDEKAL CONSTITUTION 281 

ART. 49. La liberte" de conscience et de croyance est in- 
violable. 

Nul ne peut 6tre contraint de faire partie d'une association 
religieuse, de suivre un enseignement religieux, d'accomplir un 
acte religieux, ni encourir des peines, de quelque nature qu'elles 
soient, pour cause d'opinion religieuse. 

La personne qui exerce 1'autorite paternelle ou tuteiaire a 
le droit de disposer, conform^ment aux principes ci-dessus, de 
1'education religieuse des enfants jusqu'& I'&ge de 16 ans r6volus. 

L'exercice des droits civils ou politiques ne peut &tre re- 
streint par des prescriptions ou des conditions de nature 
ecciesiastique ou religieuse, quelles qu'elles soient. 

Nul ne peut, pour cause d'opinion religieuse, s'affranchir de 
raccomplissement d'un devoir civique. 

Nul n'est tenu de payer des imp6ts dont le produit est spciale- 
ment affecte aux frais proprements, dits du culte d'une coinmun- 
aute religieuse & laquelle il n'appartient pas. L' execution 
ulterieure de ce principe reste reserve's & la legislation federale. 

ABT. 50. Le libre exercice des cultes est garanti dans les 
limites compatibles avec 1'ordre public et les bonnes moeurs. 

Les Cantons et la Confederation peuvent prendre les mesures 
necessaires pour le maintien de 1'ordre public et de la paix 
entre les membres des diverses communaut6s religieuses, ainsi 
que contre les empi^tements des autorites ecciesiastiques sur les 
droits des citoyens et de 1'Etat. 

Les contestations de droit public ou de droit prive" auxquelles 
donne lieu la creation de communaute's religieuses ou une 
scission de communautes religieuses existantes, peuvent tre 
port6es par voie de recours devant les autorit6s f6de"rales com- 
p^tentes. 

II ne peut 6tre 6rig6 d'6v^ch6s sur le territoire suisse sans 
1' approbation de la Confederation. 

ART. 51. L'ordre des J6suites et les societes qui lui sont 
affilie'es ne peuvent etre regus dans aucune partie de la Suisse, et 
toute action dans 1'Eglise et dans 1'Ecole est interdite & leurs 
membres. 

Cette interdiction peut s'6tendre aussi, par voie d'arrete" 
federal, & d'autres ordres religieux dont 1'action est dangereuse 
pour 1'Etat ou trouble la paix entre les confessions. 



282 FEDEBAL AND UNIFIED CONSTITUTIONS 

ABT. 52. II est interdit de fonder de nouveaux couvents ou 
ordres religieux et de retablir ceux qui ont ete supprim6s. 

ART. 53. L'etat civil et la tenue des registres qui s'y 
rapportent est du ressort des autorites civiles. La legislation 
federale statuera a ce sujet les dispositions ulterieures. 

Le droit de disposer des lieux de sepulture appartient a 
1'autorite civile. Elle doit pourvoir a ce que toute personne 
decedee puisse e"tre entente d6cemment. 

ART. 54. Le droit au mariage est place sous la protection de 
la Confederation. 

Aucun empechement au mariage ne peut etre fonde sur les 
motifs confessionnels, sur 1'indigence de Tun ou de 1'autre des 
epoux, sur leur conduite ou sur quelque autre motif de police 
que ce soit. 

Sera reconnu comme valable dans toute la Confederation le 
mariage conclu dans un Canton ou a 1'etranger, conform^ment 
a la legislation qui y est en vigueur. 

La femme acquiert par le mariage le droit de cite et de 
bourgeoisie de son mari. 

Les enfaiits nes avant le mariage sont Iegitim6s par le mariage 
subsequent de leurs parents. 

II ne peut &tre perc.u aucune finance d'admission ni aucune 
taxe semblable de Tun ou de 1'autre epoux. 

ART. 55. La Iibert6 de la presse est garantie. 

Toutefois les lois cantonales statuent les mesures ne"cessaires 
a la repression des abus ; ces lois sont soumises h 1'approbation 
du Conseil federal. 

La Confederation peut aussi statuer des peines pour reprimer 
les abus diriges contre elle ou ses autorites. 

ART. 56. Les citoyens ont le droit de former des associations, 
pourvu qu'il n'y ait dans le but de ces associations ou dans les 
moyens qu'elles emploient rien d'illicite ou de dangereux pour 
1'Etat. Les lois cantonales statuent les mesures necessaires a 
la repression des abus. 

ART. 57. Le droit de petition est garanti. 

ART. 58. Nul ne peut etre distrait de son juge naturel. En 
consequence, il ne pourra 6tre etabli de tribunaux extraordinaires. 

La juridiction eccl6siastique est abolie. 

ART. 59. Pour reclamations personnelles, le debiteur solvable 



THE SWISS FEDEEAL CONSTITUTION 283 

ayant domicile en Suisse doit &tre recherche devant le juge de 
son domicile ; ses biens ne peuvent en consequence &tre saisis 
ou sequestres hors du Canton oil il est domicilie, en vertu de 
reclamations personnelles. 

Demeurent reservees, en ce qui concerne les Strangers, les 
dispositions des traites internationaux. 

La contrainte par corps est abolie. 

ART. 60. Tous les Cantons sont obliges de traiter les citoyens 
des autres Etats conf6d6r6s comme ceux de leur Etat en matiere 
de legislation et pour tout ce qui concerne les voies juridiques. 

ABT. 61. Les jugements civils defimtifs rendus dans un 
Canton sont executoires dans toute la Suisse. 

ART. 62. La traite foraine est abolie dans 1'interieur de la 
Suisse, ainsi que le droit de retrait des citoyens d'un Canton 
centre ceux d'autres Etats con6d6res. 

ART. 63. La traite foraine a l'6gard des pays Strangers est 
abolie sous reserve de reciprocit6. 

ART. 64. La legislation : 
sur la capacite civile, < 

sur toutes les mati&res du droit se rapportant au commerce 
et aux transactions mobilises (droit des obligations, y 
compris le droit commercial et le droit de change), 
sur la propriety Iitt6raire et artistique, 
sur la poursuite pour dettes et la faillite, 
est du ressort de la Confederation. 

L'administration de la justice reste aux Cantons, sous 
reserve des attributions du Tribunal federal. 

ART. 65. La peine de mort est abolie. 

Sont reservees toutefois les dispositions du code penal 
militaire, en temps de guerre. 

Les peines corporelles sont abolies. 

ART. 66. La legislation fed6rale fixe les limites dans lesquelles 
un citoyen suisse peut etre prive de ses droits politiques. 

ART. 67. La legislation federale statue sur 1' extradition des 
accuses d'un Canton a Tautre ; toutefois 1' extradition ne peut tre 
rendue obligatoire pour les deiits politiques et ceux de la presse. 

ART. 68. Les mesures a prendre pour incorporer les gens 
sans patrie (Heimathlosen) et pour emp^cher de nouveaux cas 
de ce genre, sont regiees par la loi fed6rale. 



284 FEDEEAL AND UNIFIED CONSTITUTIONS 

ART. 69. La legislation concernant les mesures de police 
sanitaire contre les epidemics et les epizooties qui ofirent un 
danger general, est du domaine de la Confederation. 

ART. 70. La Confederation a le droit de renvoyer de son 
territoire les Strangers qui compromettent la surete int6rieure 
ou exterieure de la Suisse. 

CHAPITRE II. 

Autorit&s F&d&rales. 

I ASSEMBLE FEDERALS. 

ART. 71. Sous reserve des droits du peuple et des Cantons 
(Articles 89 et 121), I'autorit6 supreme de la Confederation est 
exercee par 1'Assembiee federale, qui se compose de deux 
Sections ou Conseils, savoir : 

A. le Conseil national ; 

B. le Conseil des Etats. 

A. Conseil national. 

ART. 72. Le Conseil national se compose des deputes du 
peuple suisse, 61us & raison d'un membre par 20,000 &mes de 
la population totale. Les fractions en sus de 10 mille &mes 
sont comptees pour 20 mille. 

Chaque Canton et, dans les Cantons partages, chaque demi- 
Canton eiit un depute au moins. 

ART. 73. Les elections pour le Conseil national sont directes. 
Elles ont lieu dans des colleges electoraux federaux, qui ne 
peuvent toutefois 6tre form6s de parties de differents Cantons. 

ART. 74. A droit de prendre part aux elections et aux vota- 
tions tout Suisse &g6 de vingt ans revolus et qui n'est du reste 
point exclu du droit de citoyen actif par la legislation du Canton 
dans lequel il a son domicile. 

Toutefois, la legislation fed6rale pourra regler d'une maniere 
uniforme 1'exercice de ce droit. 

ART. 75. Est eligible comme membre du Conseil national 
tout citoyen suisse laique et ayant droit de voter. 

ART. 76. Le Conseil national est eiu pour trois ans et 
renouveie integralement chaque fois. 



THE SWISS FEDEEAL CONSTITUTION 285 

AKT. 77. Les deputes au Conseil des Etats, les membres du 
Conseil federal et les fonctionnaires nomm6s par ce Conseil ne 
peuvent tre simultan6ment membres du Conseil national. 

ART. 78. Le Conseil national choisit dans son sein, pour 
chaque session ordinaire ou extraordinaire, un President et un 
vice-President. 

Le membre qui a ete President pendant une session ordin- 
aire ne peut, & la session ordinaire suivante, revetir cette charge 
ni celle de vice-President. 

Le m6me membre ne peut 6tre vice-President pendant deux 
sessions ordinaires consecutives. 

Lorsque les avis sont egalement partag6s, le President de- 
cide ; dans les Elections, il vote comme les autres membres. 

AET. 79. Les membres du Conseil national sont indemnis6s 
par la Caisse federate. 

B. Conseil des Etats. 

AKT. 80. Le Conseil des Etats se compose de quarante-quatre 
deputes des Cantons. Chaque Canton nomme deux deputes; 
dans les Cantons partag^s, chaque demi-Etat en elit un. 

AKT. 81. Les membres du Conseil national et ceux du Con 
seil federal ne peuvent &tre deputes au Conseil des Etats. 

ART. 82. Le Conseil des Etats choisit dans son sein, pour 
chaque session ordinaire ou extraordinaire, un President et un 
vice-President. 

Le President ni le vice-President ne peuvent &tre elus parmi 
les deputes du Canton dans lequel a ete choisi le President 
pour la session ordinaire qui a immediatement precede. 

Les deputes du mtaie Canton ne peuvent revetir la charge 
de vice-President pendant deux sessions ordinaires consecutives. 

Lorsque les avis sont 6galement partag^s, le President d6- 
cide ; dans les elections, il vote comme les autres membres. 

ART. 83. Les d6put6s au Conseil des Etats sont indemnis6s 
par les Cantons. 

C. Attributions de l'Assembttef6d6rale. 

ART. 84. Le Conseil national et le Conseil des Etats d61ib- 
6rent sur tous les objets que la pr6sente Constitution place dans 
le ressort de la Confederation et qui ne sont pas attribus & une 
autre autorite f6d6rale. 



286 FEDEKAL AND UNIFIED CONSTITUTIONS 

ART. 85. Les affaires de la competence des deux Conseils 
sont notamment les suivantes : 

1. Les lois sur 1'organisation et le mode d'election des 
autorites federates ; 

2. Les lois et arretes sur les matieres que la Constitution 
place dans la competence federate ; 

3. Le traitement et les indemnities des membres des autorites 
de la Confederation et de la Chancellerie federale ; la creation 
de fonctions federates permanentes et la fixation des traite- 
ments ; 

4. L'election du Conseil federal, du Tribunal federal et du 
Chancelier, ainsi que du General en chef de I'arm6e federate ; 

La legislation federale pourra attribuer & 1' Assemble federate 
d'autres droits detection ou de confirmation ; 

5. Les alliances et les trait6s avec les Etats 6trangers, ainsi 
que 1'approbation des traites des Cantons entre eux ou avec les 
Etats etrangers ; toutefois les traites des Cantons ne sont portes 
a TAssembiee federale que lorsque le Conseil federal ou un autre 
Canton eleve des reclamations ; 

6. Les mesures pour la surete exterieure ainsi que pour le 
maintien de 1'independance et de la neutralite de la Suisse ; les 
declarations de guerre et la conclusion de la paix ; 

7. La garantie des Constitutions et du territoire des Cantons ; 
Intervention par suite de cette garantie ; les mesures pour la 
surete interieure do la Suisse, pour le maintien de la tranquillite 
et de 1'ordre ; Famnistie et le droit de grace ; 

8. Les mesures pour faire respecter la Constitution federale 
et assurer la garantie des Constitutions cantonales, ainsi que 
celles qui ont pour but d'obtenir raccomplissement des devoirs 



9. Le droit de disposer de 1'armee federale ; 

10. L'etablissement du budget annuel, 1'approbation des 
comptes de 1'Etat et les arrdtes autorisant des emprunts ; 

11. La haute surveillance de I'admimstration et de la justice 
federates ; 

12. Les reclamations contre les decisions du Conseil federal 
relatives a des contestations administratives (Art. 113) ; 

13. Les conflits de competence entre autorit6s f6derales ; 

14. La revision de la Constitution federale. 



THE SWISS FEDERAL CONSTITUTION 287 

ART. 86. Les deux Conseils s'assemblent, chaque ann6e une 
fois, en session ordinaire, le jour fixe" par le r^glement. 

Us sont extraordinairement convoqu6s par le Gonseil federal, 
ou sur la demande du quart des membres du Conseil national 
ou sur celle de cinq Cantons. 

ABT. 87. Un Conseil ne pent deiiberer qu'autant que les 
deputes presents forment la majorite absolue du nombre total 
de ses membres. 

ABT. 88. Dans le Conseil national et dans le Conseil des 
Etats les deliberations sont prises a la majority absolue des 
votants. 

AKT. 89. Les lois federales, les decrets et les arr6t6s federaux 
ne peuvent etre rendus qu'avec 1' accord des deux Conseils, 

Les lois federates sont soumises & 1'adoption ou au rejet du 
peuple, si la demande en est faite par 30,000 citoyens actifs ou 
par huit Cantons. II en est de meme des arr^tes federaux qui 
sont d'une portee generate et qui n'ont pas un caractere 
d'urgence. 

ABT. 90. La legislation federate determinera les formes et les 
deiais & observer pour les votations populaires. 

ABT. 91. Les membres des deux Conseils votent sans in- 
structions. 

ABT. 92. Chaque Conseil deiibere separement. Toutefois, 
lorsqu'il s'agit des elections mentionnees a Tart. 85, chiffre 4, 
d'exercer le droit de grace ou de prononcer sur un conflit de 
competence (art. 85, chiffre 13), les deux Conseils se reunissent 
pour deiiberer en commun sous la direction du President du 
Conseil national, et c'est la majorite des membres votants des 
deux Conseils qui decide. 

ABT. 93. L'initiative appartient a chacun des deux Conseils 
et a chacun de leurs membres. 

Les Cantons peuvent exercer le m&me droit par correspond- 
ance. 

ABT. 94. Dans la regie, les seances des Conseils sont 
publiques. 

II. CoNSEIIj FriD^BAIi. 

ABT. 95. L'autorite directoriale et executive superieure de la 
Confederation est exerc6e par un Conseil federal compose de 
sept membres. 



288 FBDBBAL AND UNIFIED CONSTITUTIONS 

ART. 96. Les membres du Conseil federal sont nomm6s pour 
trois ans, par lea Conseils reunis, et choisis parmi tons les 
citoyens suisses eligibles au Conseil national. On ne pourra 
toutefois choisir plus d'un membre du Conseil federal dans le 
m&me Canton. 

Le Conseil federal est renouvele int6gralement apres chaque 
renouvellement du Conseil national. 

Les membres qui font vacance dans Fintervalle des trois ans 
sont remplac6s, a la premiere session de 1'Assemblee federale, 
pour le reste de la duree de leurs fonctions. 

AET. 97. Les membres du Conseil federal ne peuvent, pendant 
la duree de leurs fonctions, revetir aucun autre emploi, soit 
au service de la Confederation, soit dans un Canton, ni suivre 
d'autre carriere ou exercer de profession. 

ABT. 98. Le Conseil federal est preside par le President de 
la Confederation. II a un vice- President. 

Le President de la Confederation et le vice-President du 
Conseil federal sont nommes pour une annee, par 1'Assemblee 
federale, entre les membres du Conseil. 

Le President sortant de charge ne peut etre elu President 
ou vice-President pour Tannee qui suit. 

Le meme membre ne peut revetir la charge de vice-President 
pendant deux annees de suite. 

ART. 99. Le President de la Confederation et les autres 
membres du Conseil federal reoivent un traitement annuel de 
la Caisse federale. 

ART. 100. Le Conseil federal ne peut d61iberer que lorsqu'il 
y a au moins quatre membres presents. 

ART. 101. Les membres du Conseil federal ont voix con- 
sultative dans les deux Sections de 1'Assemblee federale, ainsi que 
le droit d'y faire des propositions sur les objets en deliberation. 

ART. 102. Les attributions et les obligations du Conseil 
federal, dans les limites de la presente Constitution, sont 
notamment les suivantes : 

1. II dirige les affaires federates, conformement aux lois et 
arretes de la Confederation. 

2. II veille a 1'observation de la Constitution, des lois et des 
arretes de la Confederation, ainsi que des prescriptions des 
concordats f^deraux ; il prend, de son chef ou sur plainte, les 



THE SWISS FEDERAL CONSTITUTION 289 

mesures n6cessaires pour les faire observer, lorsque le recours 
n'est pas du nombre de ceux qui doivent 6tre portes devant le 
Tribunal federal a teneur de Tart. 113, 

3. II veille a la garantie des Constitutions cantonales. 

4. II presente des projets de lois ou d'arretes a I'Assemblee 
federale et donne son preavis sur les propositions qui lui sont 
adressees par les Conseils ou par les Cantons. 

5. II pourvoit a 1' execution des lois et des arretes de la 
Confederation et a celle des jugements du Tribunal federal, 
ainsi que des transactions ou des sentences arbitrales sur des 
diffe'rends entre Cantons. 

6. II fait les nominations qui ne sont pas attributes a 
I'Assemblee federale ou au Tribunal federal ou a une autre 
autorite. 

7. II examine les trait6s des Cantons entre eux ou avec 
Fetranger, et il les approuve, s'il y a lieu (art. 85, chififre 5). 

8. II veille aux interets de la Confederation au dehors, 
notamment a 1'observation de ses rapports internationaux, et il 
est, en general, charge" des relations exterieures. 

9. II veille a la stirete exterieure de la Suisse, au maintien 
de son independance et de sa neutralit6. 

10. II veille a la suret6 interieure de la Confederation, au 
maintien de la tranquillite et de 1'ordre. 

11. En cas d'urgence et lorsque I'Assembiee federale n'est 
pas reunie, le Conseil federal est autorise a lever les troupes 
necessaires et & en disposer, sous reserve de convoquer im- 
mediatement les Conseils, si le nombre des troupes levees 
d6passe deux mille hommes ou si elles restent sur pied au dela 
de trois semaines. 

12. II est charge de ce qui a rapport au militaire federal, 
ainsi que de toutes les autres branches de Tadministration qui 
appartiennent a la Confederation. 

13. II examine des lois et les ordonnances des Cantons qui 
doivent 6tre soumises a son approbation ; il exerce la surveil- 
lance sur les branches de Tadministration cantonale qui sont 
places sous son controle. 

14. II administre les finances de la Confederation, propose le 
budget et rend les comptes des recettes et des d^penses. 

19 



290 FEDEBAL AND UNIFIED CONSTITUTIONS 

15. II surveille la gestion de tous les fonctionnaires et em- 
ployes de I'administration federale. 

16. II rend compte de sa gestion a 1'Assembiee federale, a 
chaque session ordinaire, lui pr6sente un rapport sur la situation 
de la Confederation tant a I'mterieur qu'au dehors, et recom- 
mande a son attention les mesures qu'il croit utiles a 1'accroisse- 
ment de la prosp6rit6 commune. 

II fait aussi des rapports speciaux lorsque I'Assembiee 
federale ou une de ses Sections le demande. 

ART. 103. Les affaires du Conseil federal sont r<parties par 
departements entre ses membres. Cette repartition a unique- 
ment pour but de faciliter 1'examen et 1'expedition des affaires ; 
les decisions 6manent du Conseil federal comme autorite. 

ABT. 104. Le Conseil federal et ses departements sont auto- 
rises a appeler des experts pour des objets speciaux. 

III. CHANCELLBBIB FEDEBALE. 

ABT. 105. Une chancellerie federale, a la t6te de laquelle se 
trouve le Chancelier de la Confederation, est chargee du 
secretariat de 1'Assembiee federale et de celui du Conseil 
federal. 

Le Chancelier est elu par 1'Assembiee federale pour le terme 
de trois ans, en m&me temps que le Conseil federal. 

Une loi federale determine ce qui a rapport a 1'organisation de 
la chancellerie. 

IV. TBIBUNAL FEDEBAL. 

ABT. 106. II y a un Tribunal federal pour 1'administration 
de la justice en matiere federale. 

II y a, de plus, un Jury pour les affaires penales (Art. 112). 

ABT. 107. Les membres et les suppieants du Tribunal 
federal sont nommes par 1'Assembiee fed6rale, qui aura egard a 
ce que les trois langues nationales y soient representees. 

La loi determine I'organisation du Tribunal federal et de ses 
sections, le nombre de ses membres et des .suppieants, la dur6e 
de leurs fonctions et leur traitement. 

ABT. 108. Peut 6tre nomine" au Tribunal federal tout 
citoyen suisse eligible au Conseil national. 

Les membres de 1' Assembled federale et du Conseil federal 



THE SWISS FEDERAL CONSTITUTION 291 

et les fonctionnaires nomm6s par ces autorites ne peuvent en 
m6me temps faire partie du Tribunal federal. 

Les membres du Tribunal federal ne peuvent, pendant la 
dure"e de leurs fonctions, rev^tir aucun autre emploi, soit au 
service de la Confederation, soit dans un Canton, ni suivre 
d'autre carriere ou exercer de profession. 

AKT. 109. Le Tribunal federal organise sa chancellerie et en 
nomme le personnel. 

AKT. 110. Le Tribunal federal connalt des diff&rends de 
droit civil. 

1. entre la Confederation et les Cantons; 

2. entre la Confederation d'une part et des corporations ou 

des particuliers d'autre part, quand ces corporations ou 
ces particuliers sont demandeurs et quand le litige at- 
teint le degre d'importance que determinera la legislation 
f ederale ; 

3. entre Cantons ; 

4. entre des Cantons d'une parte et des corporations ou des 

particuliers d'autre part, quand une des parties le re- 
quiert et que le litige atteint le degre d'importance quo 
determinera la iegislation\federale. 

II connait de plus des differends concernant le heimatlosat, 
ainsi que des contestations qui surgissent entre communes de 
differents Cantons, touchant le droit de cite. 

ART. 111. Le Tribunal federal est tenu de juger d'autres 
causes, lorsque les parties s'accordent a le nantir et que 1'objet 
en litige atteint le degre d'importance que determinera la legis- 
lation federale. 

ART. 112. Le Tribunal federal assiste du Jury, lequel statue 
sur les faits, connait en matiere penale : 

1. des cas de haute trahison envers la Confederation, de 

revolte ou de violence contre les autorites federales ; 

2. des crimes et des deiits contre le droit des gens ; 

3. des crimes et des deiits politiques qui sont la cause ou la 

suite de trou'bles par lesquels une intervention federale 
armee est occasionnee ; 

4. des faits releves a la charge de fonctionnaires nommes 

par une autorite" federale, quand cette autorite en saisit 
le Tribunal f6d<ral. 



292 FEDERAL AND UNIFIED CONSTITUTIONS 

ABT. 113. Le Tribunal connait, en outre : 

1. des conflits de competence entre les autorites federates, 

d'une part, et les autorites cantonales, d'autre part ; 

2. des differends entre Cantons, lorsque ces differends sont 

du domaine du droit public ; 

3. des reclamations pour violation de droits constitutionnels 

des citoyens ainsi que des reclamations de particuliers 
pour violation de concordats ou de trails. 

Sont reserves les contestations administratives, a determiner 
par la legislation federale. 

Dans tous les cas prementionns, le Tribunal federal appli- 
quera les lois vot6es par I'Assembiee federale et les arretes de 
cette Assemble qui ont une port6e gdm^rale. II se conformera 
egalement aux traites que I'Assemblee federale aura ratifies. 

ABT. 114. Outre les cas mentionn^s aux articles 110, 112 et 
113, la legislation federale peut placer d'autres affaires dans la 
competence du Tribunal federal ; elle peut, en particulier, 
donner a ce Tribunal des attributions ayant pour but d'assurer 
Papplication uniforme des lois prevues & 1'article 64. 

V. DISPOSITIONS DIVBRSES. 

ART. 115. Tout ce qui concerne le siege des autorites de la 
Confederation est 1'objet de la legislation fed6rale. 

ABT. 116. Les trois principales langues paiiees en Suisse, 
1'allemand, le fra^ais et I'italien, sont langues nationales de la 
Confederation. 

ABT. 117. Les fonctionnaires de la Confederation sont re- 
sponsables de leur gestion. Une loi federale determine ce qui 
tient a cette responsabilite. 

CHAPITRE III. 

B6 VISION DE LA CONSTITUTION P^D^BALE. 

ABT. 118. La Constitution f6d6rale peut 6tre revis6e en tout 
temps. 

ABT. 119. La revision a lieu dans les formes statuees pour 
la legislation federale. 

ABT. 120. Lorsqu une section de I'Assemblee federale decree 
la revision de la Constitution federale et que 1'autre section n'y 



THE SWISS FEDERAL CONSTITUTION 293 

consent pas, ou bien lorsque cinquante mille citoyens suisses 
ayant droit de voter demandent la revision, la question de savoir 
si la Constitution federale doit &tre revisee, est, dans Fun comme 
dans 1'autre cas, soumise a la votation du peuple suisse, par oui 
ou par non. 

Si, dans Tun ou 1'autre de ces cas, la majorite* des citoyens 
suisses prenant part a la votation se prononce pour Taffirm- 
ative, les deux Conseils seront renouveles pour travailler a la 
revision. 

ABT. 121. La Constitution fed6rale r6vis6e entre en viguer 
lorsqu'elle a ete acceptee par la majorite des citoyens suisses 
prenant part & la votation et par la majority des Etats. 

Pour 6tablier la majorite des Etats, le vote d'un demi-Canton 
est compte pour une demi-voix. 

Le resultant de la votation populairo dans chaque Canton 
est consider^ comme le vote de 1'Etat. 

DISPOSITIONS TRANSITOIRES. 

ART. l er . Le produit des postes et des plages sera r^parte sur 
les bases actuelles jusqu'a 1'epoque ou la Confederation prendra 
effectivement a sa charge les depenses militaires supporters 
jusqu'a ce jour par les Cantons. 

La legislation f6d6rale pourvoira en outre a ce que la perte 
qui pourraient entralner dans leur ensemble les modifications 
resultant des articles 20, 30, 36, 2 e alinea, et 42, pour le fisc de 
certains Cantons, ' ne frappe ceux-ci que graduellement et 
n'atteigne son chiffre total qu'apres une periode transitoire de 
quelques ann6es. 

Les Cantons qui n'auraient pas rempli, au moment oil 
1'article 20 de la Constitution entrera en vigueur, les obligations 
militaires qui leur sont imposes par 1'ancienne Constitution 
et les lois federates seront tenus de les ex6cuter a leurs propres 
frais. 

ART. 2. Les dispositions des lois 6d6rales, des concordats et 
des Constitutions ou des lois cantonales contraires a la pr^sente 
Constitution cessent d'etre en vigueur par le fait de Tadoption de 
celli-ci, ou de la promulgation des lois qu'elle pr6voit, 

ART. 3. Les nouvelles dispositions concernant 1'organisation 



294 FEDEBAL AND UNIFIED CONSTITUTIONS 

et la competence du Tribunal federal n'entrent en vigueur 
qu'apres la promulgation des lois f6derales y relatives. 

AET. 4. Un delai de cinq ans est accord^ aux Cantons, pour 
introduire la gratuite de I'enseignement public primaire (Art. 

27). 

ABT. 5. Les personnes qui exercent une profession liberale 
et qui, avant la promulgation de la loi f6derale pre>ue a 1'art. 
33, ont obtenu un certificat de capacite d'un Canton ou d'une 
autorit6 concordataire repr^sentant plusieurs Cantons, peuvent 
exercer cette profession sur tout le territoire de la Confederation. 



ACT OF PARLIAMENT ESTABLISHING A 
FEDERAL. COUNCIL OF AUSTRALASIA. 
14 AUGUST, 1885. 

[48 aiicl 49 Viet. Cap. 60, "Law Reports; Public General 
Statutes," vol. 21, 1885, pp. 324-328.] 

An Act to Constitute a Federal Council of Australasia. 

[14ta August, 1885.] 

WHEKEAS it is expedient to constitute a Federal Council 
of Australasia, for the purpose of dealing with such matters 
of common Australasian interest, in respect to which 
united action is desirable, as can be dealt with without 
unduly interfering with the management of the internal 
affairs of the several colonies by their respective legis- 
latures : 

Be it enacted by the Queen's most Excellent Majesty, 
by and with the advice and consent of the Lords Spiritual 
and Temporal, and Commons, in this present Parliament 
assembled, and by the authority of the same, as follows : 

1. In this Act, unless the context otherwise require, Definite 
the following terms shall bear the meanings set opposite 
to them respectively : 

" Colonies." The colonies (including their respective 
dependencies) of Fiji, New Zealand, New South 
Wales, Queensland, Tasmania, Victoria, and 
Western Australia, and the province of South 
Australia, and any other colonies that may here- 
after be created in Australasia, or those of the 
said colonies in respect to which this Act is in 
operation : 

" Crown Colony." Any colony in which the control 
of public officers is retained by Her Majesty's 
Imperial Government: 
295 



296 FEDERAL AND UNIFIED CONSTITUTIONS 

" Her Majesty's possessions in Australasia." The 
colonies and such other territories as Her Majesty 
may from time to time declare by Order in 
Council to be within the operation of this Act : 
" Council." The Federal Council as hereby consti- 
tuted : 

" Governor." The Governor, Lieutenant Governor, 
or other officer administering the government of 
the colony referred to, with the advice of his 
executive council, except in the case of a Crown 
Colony, in which case the word shall mean the 
Governor, Lieutenant Governor, or such other 
officer alone. 

Institution of 2. There shall be in and for Her Majesty's possessions 
Mera ! in Australasia a Federal Council, constituted as herein- 

after provided, and called the Federal Council of Austral- 
asia, which shall have the functions, powers, and authority 
herein-after defined. 

Power to make 3. Within such possessions Her Majesty shall have 

aws * power, by and with the advice and consent of the Council, 

to make laws for the purposes herein-after specified, 

subject to the provisions herein contained respecting the 

operation of this Act. 

Session of 4. A session of the Council shall be held once at least 

Council. , 

in every two years. 

Constitution of 5. Each colony shall be represented in the Council by 
Council. |. wo mem k erS) except in the case of Crown colonies, 

which shall be represented by one member each. Her 
Majesty, at the request of the legislatures of the colonies, 
may by Order in Council from time to time increase the 
number of representatives for each colony. 

Appointment, 6. The legislature of any colony may make such pro- 
representatives, vision as it thinks fit for the appointment of the repre- 
sentatives of that colony, and for determining the tenure 
of their office. 

Place of sitting 7. The first session of the Council shall be held at 
o Counci . Hobart, in the colony of Tasmania. Subsequent sessions 
shall be held in such colony as the Council shall from 
time to time determine. 



FEDEEAL COUNCIL OF 'AUSTK AL ASIA 297 

8. The Council shall be summoned and prorogued by Summoning 
the Governor of the colony in which the session shall 

held ; and shall be so summoned and prorogued by procla- 
mation, published in the " Government Gazette " of each 
of the colonies ; and shall meet at such time and at such 
place as shall be named in the proclamation. 

9. The Governor of each colony shall from time to Governors to 
time transmit to the Governors of the other colonies the re 
names of the members appointed to represent the colony 

of which he is Governor. 

10. Notwithstanding any vacancy in the representation Vacancy in 
of any colony, the Council shall be competent to proceed ^$j?$ QU 
to the dispatch of business, and to exercise the authority acts of Council. 
hereby conferred upon it. 

11. At the request of the Governors of any three of Special Sessions 
the colonies, a special session of the Council shall be Ol Counci1 - 
summoned to deal with such special matters as may be 
mentioned in the proclamation convening it. Until the 

Council shall make other provision in that behalf, any 
such special session shall be summoned by the Governor 
of Tasmania, and shall be held at Hobart. 

12. The Council shall in each session elect one of its President of 
members to be president. Council. 

13. The presence of a majority of the whole number Quorum, and 
of members of the Council for the time being, representing votlD S- 

a majority of the colonies with respect to which this Act 
is in operation, shall be necessary to constitute a quorum 
for the dispatch of business, and all questions which 
shall arise in the Council shall be decided by the votes 
of a majority of the members present, including the 
president. 

14. No member of the Council shall sit or vote until he Oath or affirma" 
shall have taken and subscribed before the governor of one n 

of the colonies the oath of allegiance contained in the 
schedule hereto : Provided that every member authorized 
by the law of the colony which he represents to make an 
affirmation instead of the oath hereby required to be taken. 

15. Saving Her Majesty's prerogative, and subject to Matters subject 
the provisions herein contained with respect to the authority^of 6 

Council. 



298 FEDERAL AND UNIFIED CONSTITUTIONS 

operation of this Act, the Council shall have legislative 
authority in respect to the several matters following : 

(a) The relations of Australasia with the islands of the 
Pacific : 

(b) Prevention of the influx of criminals : 

(c) Fisheries in Australasian waters beyond territorial 
limits : 

(d) The service of civil process of the courts of any 
colony within Her Majesty's possessions in Australasia 
out of the jurisdiction of the colony in which it issued : 

(e) The enforcement of judgments of Courts of law of 
any colony beyond the limits of the colony : 

(/) The enforcement of criminal process beyond the 
limits of the colony in which it is issued, and the extradi- 
tion of offenders (including deserters of wives and children, 
and deserters from the imperial or colonial naval or 
military forces) : 

(g) The custody of offenders on board ships belonging to 
Her Majesty's Colonial Governments beyond territorial 
limits : 

(h) Any matter which at the request of the legislatures 
of the colonies Her Majesty by Order in Council shall think 
fit to refer to the Council : 

(i) Such of the following matters as may be referred 
to the Council by the legislatures of any two or more 
colonies, that is to say, general defences, quarantine, 
patents of invention and discovery, copyright, bills of 
exchange and promissory notes, uniformity of weights and 
measures, recognition in other colonies of any marriage 
or divorce duly solemnised or decreed in any colony, 
naturalisation of aliens, status of corporations and joint 
stock companies in other colonies than that in which they 
have been constituted, and any other matter of general 
Australasian interest with respect to which the legislatures 
of the several colonies can legislate within their own limits, 
and as to which it is deemed desirable that there should be 
a law of general application : provided that in such cases 
the Acts of the Council shall extend only to the colonies 
by whose legislatures the matter shall have been so 



FEDEBAL COUNCIL OP AUSTBALASIA 299 

referred to it, and such other colonies as may afterwards 
adopt the same. 

Every Bill in respect of the matters marked (a), (b), or 
(c), shall, unless previously approved by Her Majesty 
through one of Her Principal Secretaries of State, be 
reserved for the signification of Her Majesty's pleasure. 

16. The Governors of any two or more of the colonies Power to 
may, upon an address of the legislatures of such colonies, 

refer for the consideration and determination of the Council for determina- 
any questions relating to those colonies or their relations tion of Council - 
with one another, and the Council shall thereupon have 
authority to consider and determine by Act of Council the 
matters so referred to it. 

17. Every Bill passed by the Council shall be presented, Royal assent to 
for Her Majesty's assent, to the Governor of the colony ^gf 864 by 
in which the Council shall be sitting, who shall declare, 
according to his discretion, but subject to the provisions 

of this Act and to Her Majesty's instructions, either that 
he assents thereto in Her Majesty's name, or that he with- 
holds such assent, or that he reserves the Bill for the 
signification of Her Majesty's pleasure, or that he will be 
prepared to assent thereto, subject to certain amendments 
to be specified by him. 

18. When the Governor assents to a Bill in Her Power to Her 
Majesty's name, he shall, by the first convenient oppor- ^fj^AcUo ** 
tunity, send an authentic copy of the Act to one of Her which Governor 
Majesty's Principal Secretaries of State, and if her Majesty, 

within one year after receipt thereof by the Secretary of name. 
State, thinks fit to disallow the Act, such disallowance 
(with a certificate of the Secretary of State of the day on 
which the Act was received by him) being signified by 
such Governor by message to the Council, or by proclama- 
tion in the " Government Gazette " of all the colonies 
affected thereby, shall annul the Act from and after the 
day of such signification. 

19. A Bill reserved for the signification of Her Majesty's Bill reserved 
pleasure shall not have any force unless and until within 

one year from the day on which it was presented to the Majesty's 
Governor for Her Majesty's assent such Governor signifies, P leasure 



300 FEDEBAL AND UNIFIED CONSTITUTIONS , 

by message to the Council, or by proclamation published 
as last aforesaid, that it has received the assent of Her 
Majesty. 

Acts of Council 20. All Acts of the Council, on being assented to in 
when assented manne r herein-before provided, shall have the force of law 

to to have force . . , ^ , ' . , . 

of law. m all Her Majesty s possessions in Australasia in respect 

to which this Act is in operation, or in the several colonies 
to which they shall extend, as the case may be, and on 
board all British Ships, other than Her Majesty's ships of 
war, whose last port of clearance or port of destination is 
in any such possession or colony. 

Publication of 21. Every Act assented to in the first instance shall be 

Acts. proclaimed in the " Government Gazette " of the colony 

in which the session of the Council at which it was passed 

was held, and shall also be transmitted by the Governor 

assenting thereto to the Governors of the several colonies 

affected thereby, and shall be proclaimed by them within 

the respective colonies of which they are Governors. 

Acts of Council 22. If in any case the provisions of any Act of the 

to supersede Council shall be repugnant to, or inconsistent with, the 

enactments. law of any colony affected thereby, the former shall 

prevail, and the latter shall, so far as such repugnance or 

inconsistency extends, have no operation. 

Standing orders 23. The Council may from time to time make and 
a< ^P^ sucn standing rules and orders as may be necessary 
for the conduct of its business, and all such rules and 
orders shall be binding on the members of the Council. 
Committees of 24. The Council may appoint temporary or permanent 
Council. committees of its members, to perform such duties, 

whether during the session of the Council or when the 
Council is not in session, as may be referred to them by 
the Council. 

Officers and 25. The Council may appoint such officers and servants 

Servants. ag mav ^ e necessary for the proper conduct of its business, 

and may direct the payment to them of such remuneration 

as it may think fit. 

Mode of de- 26. The necessary expenditure connected with the 

fraying ex- business of the Council shall be defrayed in the first 
penditure of . . j.. - 

Council. instance by the colony wherein the expenditure is in- 



FEDERAL COUNCIL OP AUSTRALASIA 301 

curred, and shall be ultimately contributed and paid by 
the several colonies in proportion to their population. 
The amounts payable by the several colonies shall be 
assessed and apportioned, in case of difference, by the 
Governor of the colony of Tasmania. 

27. It shall be the duty of the Governor of each colony Payment of 
to direct the payment by the Colonial Treasurer, or other 
proper officer of the colony, of the amount of the contribu- 
tion payable by such colony under the provisions of the 
preceding section. 

28. Whenever it shall be necessary to prove the pro- Evidence of 
ceedings of the Council in any court of justice, or other- P roceedin g s - 
wise, a certified copy of such proceedings, under the hand 

of the clerk or other officer appointed in that behalf by 
the Council, shall be conclusive evidence of the proceed- 
ings appearing by such copy to have been had or taken. 

29. The Council may make such representations or p ow er to make 
recommendations to Her Majesty as it may think fit with representations 

,, ., i * i i , . to Her Maiesty. 

respect to any matters of general Australasian interest, or 
to the relations of Her Majesty's possessions in Australasia 
with the possessions of foreign powers. 

30. This Act shall not come into operation in respect of Commencement 
any colony until the legislature of such colony shall 

passed an Act or Ordinance declaring that the same shall 
be in force therein, and appointing a day on and from 
which such operation shall take effect, nor until four 
colonies at the least shall have passed such Act or 
Ordinance. 

31. This Act shall cease to be in operation in respect Power to 
to any colony the legislature of which shall have passed operaTio^of 
an Act or Ordinance declaring that the same shall cease Act in any 
to be in force therein: Provided, nevertheless, that all olony * 
Acts of the Council passed while this Act was in operation 

in such colony shall continue to be in force therein, unless 
altered or repealed by the Council. 

32. This Act shall be styled and may be cited as the Short title. 
Federal Council of Australasia Act, 1885. 



CONSTITUTION OF THE UNITED STATES OF BEAZIL. 
24 FEBKUAKY, 1891. 

[Translation in "British and Foreign State Papers," vol. 83 (1891), 
pp. 487-509.] 

TITLE I. OF THE FEDEKAL OKGANIZATION. 

Preliminary Provisions. 

Art. 1. The Brazilian nation adopts as a form of Govern- 
ment under the representative system the Federal Republic pro- 
claimed on the 15th November, 1889, and constitutes itself, by 
the perpetual and indissoluble union of its former provinces, 
into the United States of Brazil. 

Art. 2. Each of the former provinces will form a State, and 
the former neutral municipality will constitute the Federal 
District, and continue to be the capital of the Union, until the 
provisions of the following Article shall have been carried out. 

Art. 3. [A zone to be marked out on the central plateau for 
the foundation of a capital therein.] 

Art. 4. The States may become incorporated one with an- 
other, may be subdivided or dismembered in order to annex them- 
selves to others, or to form new States, with the assent of the 
respective Legislative Assemblies granted at two successive 
annual sessions, and with the approbation of the National 
Congress. 

Art. 5. It is incumbent on each State to provide at its own 
expense for the needs of its Government and Administration ; 
the Union, however, will afford assistance to any State which, in 
case of public misfortune, may apply therefor. 

Art. 6. The Federal Government cannot intervene in matters 
exclusively affecting the States, except for the purpose of 

1. Repelling foreign invasion, or the invasion of one State 
by another ; 

302 



THE CONSTITUTION OF BRAZIL 303 

2. Maintaining the Federal Republican form of Government ; 

3. Re-establishing order and tranquillity in the States at 
the request of their respective Governments. 

4. Insuring the execution of the Federal laws and sentences. 
Art. 7. It is the exclusive province of the Union to decree 

1. Duties on imports of foreign origin. 

2. Dues on the entry, departure, and stay of vessels, the 
coasting trade being free to native goods, as also to foreign goods, 
if the latter have already paid import duty. 

3. Stamp taxes, saving the restriction mentioned in Article 
9, 1, No. 1; 

4. Federal, postal, and telegraph taxes. 

1. It is also the exclusive province of the Union 

(1) To regulate the establishment of banks of issue ; 

(2) To establish and maintain custom-houses. 

2. The taxes decreed by the Union must be uniform for all 
the States. 

3. The laws of the Union and the acts and sentences of its 
officers shall be carried out throughout the entire country by 
Federal officers ; the execution of the former, however, may be 
entrusted to the Governors of the States, provided the latter 
consent to this course. 

Art. 8. The Federal Government are prohibited from creating 
in any way distinctions or preferences in favour of the ports of 
some States as against those of others. 

Art. 9. It is the exclusive province of the States to establish 
taxes 

1. On the exportation of goods of their own production ; 

2. On rural and urban real property ; 

3. On the transfer of property ; 

4. On industries and professions. 

1. It is also the exclusive province of the States to decree 

(1) Stamp Duties on Acts emanating from their respective 
Governments, and on transactions concerning their own internal 
economy ; 

(2) Contributions concerning their telegraph and postal 
services. 

2. The produce of other States is exempt from duty in the 
State through which it is exported. 



304 FEDEBAL AND UNIFIED CONSTITUTIONS 

3. [A State may impose duties on foreign merchandise in- 
tended only for its own consumption, the proceeds going to the 
Federal Treasury.] 

4. [States may establish telegraph lines.] 

Art. 10. The States are prohibited from taxing Federal 
property and revenues, or services undertaken on account of the 
Union, and vice versa. 

Art. 11. The States, as well as the Union, are prohibited 
from 

1. Creating any dues on transit through the territory of any 
State, or on passage from one State to another for the products 
of other States, or for foreign products, as also for the vehicles 
transporting the same, whether by land or water ; 

2. Establishing, endowing, or interfering with the exercise of 
any form of religious worship ; 

3. Enacting retrospective laws. 

Art. 12. In addition to the sources of revenue mentioned in 
Articles 7 and 9, it is lawful for the Union or the States to create, 
jointly or otherwise, any others which do not contravene what is 
laid down in Articles 7, 9 and 11 (No. 1). 

Art. 13. The right of the Union and of the States to legislate 
in regard to railways and internal navigation will be regulated 
by a Federal law. 

. The coasting trade will be carried on by national vessels. 

Art. 14. [The land and sea forces are national institutions, 
and are to obey their lawful superiors and uphold the constitu- 
tional institutions.] 

Art. 15. The national sovereignty is exercised by means of 
the legislative, executive, and judicial power, harmonious and 
independent as regards each other. 

SECTION I. OF THE LEGISLATIVE POWEK. 

CHAPTER I. General Provisions. 

Art. 16. The legislative power is exercised by the National 
Congress, with the sanction of the President of the Bepublic. 

[This consists of the Chamber of Deputies and the Senate, 
which must be elected simultaneously.] 

Art. 17. [Makes provision for the assembling of Congress, 
* A- ^w.irm of each Legislature, which shall be three years, 



THE CONSTITUTION OF BRAZIL 305 

Arts. 18-22 provide for the procedure of both Houses, their 
duties and the privileges and duties of their members. 

Art. 23. No member of Congress may, after being elected, 
conclude contracts with the Executive Power, or accept from it 
any paid commission or office. 

[Diplomatic missions, military commissions, and legal ap- 
pointments to be exceptions.] 

Arts. 24, 25. [Deputies and Senators to be ineligible for the 
Presidency or any other office.] 

Arts. 26, 27. [Qualifications for election to Congress, etc.] 

CHAPTER 2. Of the Chamber of Deputies. 

Art. 28. The Chamber of Deputies is composed of the repre- 
sentatives of the people elected by the States and by the Federal 
District, by means of direct suffrage, the representation of the 
minority being guaranteed. 

[Proportional representation of the States to be determined 
by a decennial census.] 

Art. 29. [This House to take the initiative in laws respecting 
taxes, the number of land and sea forces, etc., and to declare 
whether there is sufficient ground for impeachments.] 

CHAPTER 3. Of the Senate. 

Art. 30. The Senate is composed of citizens eligible in accord- 
ance with the terms of Article 26 and who are over thirty-five 
years of age, to the number of three Senators for each State and 
three for the Federal District, to be elected in the same way as 
the Deputies. 

Art. 31. The mandate of a Senator will last for nine years, 
one-third of the Senate being renewed triennially. 

Arts. 32-33. [The Vice-President shall be President of the 
Senate. The Senate shall try the President and all other 
Federal officers under regulations similar to those of the U.S. 
Constitution.] 

CHAPTER 4. Of the Powers of Congress. 

Art. 34. It is the exclusive province of the National Con- 
gress 

1. To estimate the Federal receipts and to fix the amount of 
Federal expenditure each year, and to examine the accounts of 
the receipts and expenditure of each financial year. 

20 



306 FEDEEAL AND UNIFIED CONSTITUTIONS 

2. To authorise the Executive Power to contract loans and 
undertake other operations of credit. 

3. To legislate in regard to the Public Debt, and to establish 
means for its payment. 

4. To regulate the collection and distribution of Federal 
revenues. 

5-6. [To regulate foreign and inter-State trade.] 

7-9. [To settle coinage, establish banks of issue, and deter- 
mine standard of weights and measures.] 

10, [To decide inter-State and national boundaries.] 

11-13. [To authorise Government to declare war and make 
peace and have final decision as to Treaties, etc.] 

14-15. [To grant subsidies to States (see Article 5) and to 
legislate in regard to Telegraph and Postal Services.] 

16-21. [To provide for frontier defence and for the number 
of the forces annually and their organization ; to decide if foreign 
forces may pass through the national territory ; to mobilize the 
National Guard and to declare a state of siege in national emer- 
gency.] 

22-26. [To determine the elections to the Federal offices; 
to legislate in regard to the law of the Eepublic, and to the pro- 
cedure of the Federal Judiciary. To control the number and 
functions of all Federal offices. To organize the Federal Judi- 
ciary.] 

27-28. [To grant an amnesty and revise penalties imposed on 
Federal officers.] 

29-31. [To legislate concerning the lands and mines of the 
Union, various services in the Federal capital, and various places 
used for Federal purposes, e.g. arsenals.] 

32. To regulate cases of extradition between the States. 

33. To decree the necessary Laws and Eesolutions for the 
exercise of the powers which belong to the Union. 

34. To decree the organic Laws necessary for the entire exe- 
cution of the Constitution. / 

35. To prorogue and adjourn its Sessions. 

Art. 35. It is also the duty, but not the exclusive duty, of 
Congress 

1. To watch over the keeping of the Constitution and the 
Laws, and to urovide for necessities of a Fede ra.1 Character. 



THE CONSTITUTION OF BBAZIL 307 

2-4. [To encourage agriculture and immigration, the arts and 
sciences ; and to establish institutions for higher and secondary 
education.] 

CHAPTER 5. Of Laws and Resolutions. 

Arts. 36-40. [These Articles deal with the introduction and 
passing of Bills, the President's suspensive veto, the promulga- 
tion of Laws, and provisions for the disagreement of the Houses.] 

SECTION 2. OF THE EXECUTIVE POWER. 
CHAPTER 1. Of the President and Vice- President. 

Art. 41. The President of the Bepublic of the United States 
of Brazil exercises the Executive Power as the Elective Chief of 
the nation. 

[Provision for the event of his removal or that of the Vice- 
President during their term of office. Qualifications for these 
offices.] 

Art. 42. [If either office falls vacant before the lapse of two 
years, a new election must take place.] 

Art. 43. The President will hold his office for four years, and 
cannot be re-elected for the Presidential period immediately 
following. 

Arts. 44-46 

[(1) The oath to be taken by the President. 

(2) The President may not leave the country without consent 
of Congress. 

(3) The President will receive a salary fixed in previous 
term.] 

CHAPTER 2. Of the Election of the President and Vice- President. 

Art. 47. The President and Vice-President of the Kepublic 
will be elected by the direct suffrage of the nation and by an 
absolute majority of votes. 

[Time and procedure of election. Provision for a case when 
no candidate has an absolute majority (cf. U.S. Constitution).] 

CHAPTER 3. Of the Attributes of the Executive Power. 
Art. 48. It is the exclusive province of the President of the 
Bepublic 

1. To sanction, promulgate and cause to be published the 



308 FEDERAL AND UNIFIED CONSTITUTIONS 

Laws and Resolutions of Congress, and to issue decrees, instruc- 
tions, and regulations to secure their faithful execution. 

2. To freely appoint and dismiss the Ministers of State. 

3 and 4. [To command and administer the army and navy.] 

5. To fill up the civil and military offices of a Federal 
character, with due regard to the express restrictions laid down 
in the Constitution. 

6. [To pardon criminals except Federal officers who have 
neglected their duties or are their accomplices.] 

7. 8 and 14-16. [To declare war or make peace when author- 
ized by Congress. In case of invasion to declare war immedi- 
ately; to maintain relations with foreign states; to proclaim 
state of siege in case of disturbance, and, subject to approval of 
Congress, to conclude international agreements and approve 
those concluded by the States.] 

9-13, [To report annually to Congress on the situation of 
the country and recommend measures, to call Congress on extra- 
ordinary occasions, to appoint those recommended by Supreme 
Tribunal to be Federal Magistrates and subject to approval of 
Senate to appoint members of the Supreme Tribunal and of the 
Diplomatic Service.] 

CHAPTER 4. Of the Ministers of State. 
Arts. 49-52. [They are to assist the President and are not to 
be responsible to Congress for their advice to the President. 
They may not hold another office nor appear in Congress, of 
which they must not be members.] 

CHAPTER 5. Of the Besponsibility of the President. 
Arts. 53-54. [He will be tried before the Supreme Federal 
Tribunal in the case of ordinary crimes, and before the Senate 
in case of breach of duty.] 

SECTION 3. Of the Judicial Power. 

Arts. 55-62. [These Articles deal (a) with the appointment, 
composition and tenure of the Supreme Tribunal ; (6) its original 
and exclusive jurisdiction, e.g. the trial of the President and suits 
between the Union and States or with foreign States ; (c) its 
appellate jurisdiction, e.g. from Federal Courts and in certain 
cases from State Courts ; (d) the jurisdiction of Federal Courts, 



THE CONSTITUTION OF BKAZIL 309 

e.g. between one State and citizens of another; (&) limitations, 
e.g. habeas corpus and also the exclusion of State Courts from 
the Federal sphere and vice versa.] 

TITLE II. Of the States. 

Art. 63. Bach State will be governed by the Constitution, 
and by the laws it may adopt, observing the constitutional prin- 
ciples of the Union. 

Art. 64. [Mines and waste lands are their property except 
such as are reserved by the Union for Federal purposes.] 

Art. 65. The States are free 

1. To conclude among themselves Treaties and Conventions 
of a non-political nature (Article 48, No. 16). 

2. To exercise, in general, each and every power or right 
which is not denied them by an express clause, or one implicitly 
contained in an express clause of the Constitution. 

Art. 66. The States are precluded from 

1. Eef using recognition to documents of the Union, or of 
other States, of a legislative, administrative, or judicial char- 
acter ; 

2. Eejecting coin or bank notes in circulation by order of 
the Federal Government ; 

3. Waging or declaring war among themselves, or using re- 
prisals ; 

4. [Befusing the extradition of criminals.] 

Art. 67. [Provision for the administration of the Federal dis- 
trict.] 

TITLE III. Of the Municipalities. 

Art. 68. The States will organize themselves in such a way 
as to guarantee the autonomy of the municipalities in all that 
concerns their particular interests. 

TITLE IV. Of Brazilian Citizens. 
SECTION 1. Of the Qualifications of Brazilian Citizenship. 

Arts. 69-71. [These Articles declare who are citizens, who 
are electors and who may not be, and also state the cases in 
which the rights of citizens are suspended or lost.] 



310 FEDBEAL AND UNIFIED CONSTITUTIONS 

SECTION 2. Declaration of Eights. 

Art. 72. [Provisions in great detail for the security of the in- 
dividual in life, liberty, and property.] 

Arts. 73-78. [Public offices to be open to all suitable citizens 
and permanent posts to be guaranteed. Provision is also made 
for the trial of soldiers and sailors. Eights not specifically 
mentioned are not thereby void.] 

TITLE V. General Provisions. 

Art. 79. A citizen invested with the functions of any one of 
the three Federal powers cannot exercise those of any other. 

Arts. 80-82 [State when a state of siege may be declared ; 
prescribe limits to governmental encroachment ; and determine 
when criminal suits may be revised. Public officials to be 
responsible for abuse and neglect in their departments.] 

Art. 83. [Provision for maintaining the laws of the old regime 
till they are revoked.] 

Art. 84. [Provision that the Federal Government shall 
guarantee all public debt.] 

Arts. 85-88. [Provision for the raising of the Army and its 
limitation to wars of defence.] 

Art. 89. [A Court of Audit to be established.] 

Art. 90. The Constitution may be amended at the initiative 
of the National Congress, or of the Legislatures of the States. 

1. A proposal for an amendment will be taken into con- 
sideration when it is presented by at least a fourth of the 
members of either of the Chambers of the National Congress and 
has been accepted after three discussions by two-thirds of the 
votes in both Chambers, or when it is asked for by two-thirds of 
the States in the course of one year, each State being represented 
by a majority of the votes of its Assembly. 

2. This proposal will be considered as approved if it be 
approved in the following year after three discussions by a 
majority of two-thirds of the votes in both Chambers of Congress. 

3. The proposal, when approved, will be signed by the 
Presidents and Secretaries of the two Chambers, and it will be 
incorporated in the Constitution as an integral part thereof. 

4. Bills having for their object the abolition of the Federa- 
tive Republican form of government, or of the equal 'representa- 



SPEECH OF ME. JOSEPH CHAMBEBLAIN 311 

tion of the States in the Senate, cannot be introduced for 
discussion into the Congress. 

Art. 91. [Provision for the promulgation of the Constitution.] 

Transitory Provisions. 

[These Articles provide 

(a) for setting in motion the various parts of the Federal 
Constitutional machinery. 

(6) for the establishment of the various State governments. 

(c) a pension for the ex-Emperor and the purchase of 
Benjamin Constant's house since he was the founder of the 
Bepublic.] 

We order all authorities whom this Constitution and its 
execution concern to execute it and cause it to be executed and 
observed faithfully and entirely as is therein prescribed. 

It shall be published and carried out over the entire country. 

Sessions Hall of the National Constituent Congress, in the 
city of Bio de Janeiro, the 24th day of February, 1891, and in 
the third year of the Bepublic. 

SPEECH OF THE SECBETABY OF STATE FOB THE 
COLONIES (Bight Hon. Joseph Chamberlain, M.P.) ON 
INTBODUCING THE COMMONWEALTH OF AUS- 
TBALIA BILL (Extracts). 14 MAY, 1900. 

[Hansard's "Parliamentary Debates," 4th series, vol. 83(1900), cols. 
46-76. The whole speech and the ensuing debates on the Bill 
have been reprinted in " Commonwealth of Australia Constitu- 
tion Bill. Debates in the Imperial Parliament \*ith Appendices.'* 
London, Wyman, 1901.] 

The SECBETABY OF STATE for the COLONIES (Mr. 
J. Chamberlain, Birmingham, W.) : 

This Bill, which is the result of the careful and prolonged 
labours of the ablest statesmen in Australia, enables that great 
island continent to enter at once the widening circle of English- 
speaking nations. No longer will she be a congeries of States, 
each of them separate from and entirely independent of the 



312 FEDEBAL AND UNIFIED CONSTITUTIONS 

others, a position which anyone will see might possibly in the 
future, through the natural consequences of competition, become 
a source of danger and lead, at any rate, to friction and to weak- 
ness. But, if this Bill passes, in future Australia will be, in the 
words of the preamble of the Bill which I am about to introduce, 
"an indissoluble federal Commonwealth firmly united for many 
of the most important functions of government." After it has 
been passed there will be for Australia under one administration 
a uniform postal and telegraphic service, and provision is made 
making it possible hereafter for railway communication to be 
under similar control. In the meantime everything which has 
to do with the exterior relations of the six colonies concerned 
will be a matter for the Commonwealth, and not for the 
individual Governments ; a common tariff will be established 
for all the colonies ; there will be at the same time inter-colonial 
free trade, and what is perhaps more important than all, in 
future there will be a common form and a common control of 
national defences. Now, this is a consummation long expected 
and earnestly hoped for by the people of this country. We 
believe that it is in the interest of Australia, and that has always 
been with us the first consideration. But we recognize that it 
is also in our interest as well ; we believe the relations between 
ourselves and those colonies will be simplified, will be more 
frequent and unrestricted, and, if it be possible, though I hardly 
think it is, will be more cordial when we have to deal with a 
single central authority instead of having severally to consult six 
independent Governments. Whatever is good for Australia is 
good for the whole British Empire. Therefore, we all of us 
independently altogether of party, whether at home or in any 
other portion of the Empire rejoice at this proposal, welcome 
the new birth of which we are witnesses, and anticipate for 
those great free and progressive communities a future even more 
prosperous than their past, and an honourable and important 
position in the history of the Anglo-Saxon race. 

It would be absolutely impossible for me, within anything 
like a reasonable time, to refer to the multifarious details of this 
great measure, nor do I think it necessary to do so, because I 
cannot conceive that the House will be inclined to discuss these 



SPEECH OF ME. JOSEPH CHAMBEBLAIN 313 

details in any critical spirit ; but I might be allowed, and it 
would interest the House, I think, if I call attention to the 
general scope of the measure and to some of its most striking 
features. I think it is true to say that, on the whole, this new 
Constitution, although it is in important respects unlike every 
other constitution at present existing, still in the main, and more 
than any other, follows the Constitution of the United States of 
America. But it would be, perhaps, more interesting to us to 
contrast it with the Constitution of our own colony of Canada. 
The differences between the Constitution of the Dominion and 
the Constitution of the new Commonwealth are, I think, to be 
explained in a certain fundamental diversity in the position of 
the two colonies, and also in the methods by which the Constitu- 
tion has been brought into existence. In the case of Canada, the 
delegates came here and the Constitution was settled here in 
conference with Her Majesty's Government, and was the result, 
to some extent at any rate, of their advice and suggestion. In 
the case of Australia, the people of Australia, through their 
representatives, have worked alone, without either inviting or 
desiring any assistance from outside. In Australia, it must also 
be remembered, the separate States have enjoyed for a much 
longer period than had the provinces of Canada complete inde- 
pendent self-governing existence, and, accordingly, while in 
Canada the people had before them at the time that the Constitu- 
tion was decided upon the warning, I might almost say, afforded 
by the civil war in America of the danger of exaggerating State 
rights, and while the special provinces had no desire to put 
forward those rights in too emphatic a manner, in Australia 
there was no such example to fear, and the separate colonies had 
enjoyed for so long such great powers that they were naturally 
unwilling to part with them to anything like the same extent. 
Accordingly, while in Canada the result of the Constitution was 
substantially to amalgamate the provinces into one Dominion, 
the Constitution of Australia creates a federation for distinctly 
definite and limited objects of a number of independent States, 
and State rights have throughout been jealously preserved. In 
Canada everything that was not given expressly to the provinces 
went to the Central Government. In Australia the Central 
Government has only powers over matters which are expressly 



314 FEDERAL AND UNIFIED CONSTITUTIONS 

stated and defined in the Constitution. In Canada the Senate 
was a body which represented particular provinces substantially 
in proportion to their population. In Australia the Senate con- 
sists of six members from all the States that is to say, an equal 
number, whatever may be the size or the population ; and the 
mode of the election of the Senate is also different from that of 
Canada, and, I believe, entirely novel. In Canada the Senate 
was nominated for life on the advice of the Ministers. In the 
United States, as we all know, the Senate is elected by the 
Legislatures of the several States. In Australia the Senate is to 
be elected at the same election as the Lower House, but each 
State is to vote, not in the separate constituencies into which it 
is divided for the purposes of the Lower House, but as one con- 
stituency a scrutin de liste, in fact, as the French call it except 
in the case of Queensland, where there are to be two divisions. 
The Upper House is to serve for six years instead of three ; but 
those are the only differences which separate it in composition, 
qualification, or constitution from the composition of the Lower 
House. The Lower House is to be elected according to the 
electoral laws of the several States, but according to population, 
and a very ingenious device has been resorted to in order to 
prevent the numbers of the Lower House from ever becoming 
excessive. It is provided by the Constitution that the members 
of the Lower House shall, as far as possible, be exactly double 
the numbers of the Upper House or Senate. I should add, 
perhaps, that the members of both Houses will be paid, and 
paid the same salary. There is also an example, which I can- 
not help thinking, might be wisely imitated by ourselves. 
Ministers on taking office do not vacate their seats. Then there 
is a most ingenious and complicated provision to prevent a 
possible deadlock between the two Houses ; for although they 
are, as I have said, elected practically by the same constituency, 
I think it is evident that the differences in the manner of election 
may sometimes result in a diversity of opinion between the two 
chambers. In that case and here, also, I cannot help think- 
ing that hon. Members who are interested in the subject may 
find many useful suggestions the course of the operation is this. 
Measures may be twice rejected by the Senate, as I understand, 
in two separate sessions of Parliament. After that the Govern- 



SPEECH OF ME. JOSEPH CHAMBEELAIN 315 

ment may dissolve both Houses. Both Houses will be re-elected 
at the same time. If after that re-election the Senate should 
again a third time reject a measure, then there is to be a 
joint sitting of both Houses, and a decision is to be taken by a 
simple majority of both Houses. That applies to the case of 
ordinary measures, but, if the question between the two Houses 
is an amendment of the Constitution, then a somewhat different 
course is followed. The proposed amendment may be twice re- 
jected by the Senate, and if after that the Houses do not come 
to an agreement, then the amendment will be settled by means 
of a referendum, and is to be decided by the majority of votes in 
a majority of the States. Now, to this new Parliament so con- 
stituted thirty-nine distinct subjects have been expressly referred. 
Amongst them are the tariff, post office, and telegraph services, 
defence, currency, bankruptcy, marriage and divorce, and old- 
age pensions, and also the following matters to which I call 
special attention because they involve interest outside Australia 
as well as locally first, the fisheries in Australian waters, beyond 
the territorial limits of Australia ; secondly, copyright ; thirdly, 
legislation dealing with the people of any race not being natives 
of either of the States (I think that has in view legislation in 
regard to Asiatics) ; fourthly, " external affairs," a phrase of 
great breadth and vagueness, which, unless interpreted and con- 
trolled by some other provision, might easily, it will be seen, 
give rise to serious difficulties ; and, fifthly, the relations with 
the islands of the Pacific, which also involves, of course, many 
questions in which foreign nations are concerned. It will be 
seen that almost all the points to which I have thus called 
special attention are matters in which the Imperial Government 
may have to deal with foreign countries. It is important, 
therefore I say this in passing, although I shall deal with it 
more at length it is important that measures of this kind, 
which may involve the Imperial Government in the most serious 
responsibility, should be interpreted by a tribunal in which all 
parties have confidence. There are also in the Bill some com- 
plicated provisions for dealing with the division of the receipts 
from Customs among the several States, for the imposition of 
new duties, and the division of old ones. I have mentioned, at 
all events, the most important and the most interesting matters 



316 FEDERAL AND UNIFIED CONSTITUTIONS 

which are raised by this Bill, and I think it is evident from 
even this very brief and inadequate r6sum6 that there are a 
great number of propositions in the Bill which, if it were a case 
of freely discussing a Constitution of our own, would arouse 
much difference of opinion. If we had been invited to frame a 
Constitution, or if we had been consulted after the Constitution 
had been framed, it is quite possible I do not say it would 
have been so it is quite possible we might have had many sug- 
gestions to make and some amendments to offer. But that is 
not the position. The Bill has been prepared without reference 
to us. It represents substantially and in most of its features the 
general opinion of the Australian people ; and although I differ 
totally from those who have said that the Australian people do 
not desire that this great measure, the result of the labour of 
their representatives, should receive in the Imperial Parliament 
the fullest consideration and even the fullest discussion ; although 
I deny altogether that the Australian people have ever con- 
sidered, or shown that they consider, the Imperial Parliament as 
merely a Court for the registration of their decrees ; and although 
I am convinced that the Australian people will be neither 
offended nor insulted if we alter here a word or there a word, or 
even a clause, in this Bill, I think, on the other hand, they do 
expect that we shall have a reasonable regard to the labours 
which they have already expended upon this measure, and to 
the general feeling of the Australian people, wherever it has been 
really and conclusively shown, and to those rights of self- 
government of which they have made so magnificent a use and 
which we have so freely and gladly conceded. Now, it is there- 
fore on these main principles that the Government have pro- 
ceeded in dealing with this Bill. On the one hand, we have 
accepted without demur, and we shall ask the House of Commons 
to accept, every point in this Bill, every word, every line, every 
clause, which deals exclusively with the interests of Australia. 
We may be vain enough to think that we might have made im- 
provements for the advantage of Australia, but we recognize that 
they are the best judges in their own case, and we are quite con- 
tent that the views of their representatives should be in these 
matters accepted as final ; and the result of that is that the Bill 
which I hope to present to the House to-night is, so far as ninety- 



SPEECH OF ME. JOSEPH CHAMBEELAIN 317 

nine-hundredths of it, I think I might almost say nine hundred 
and ninety-nine thousandths of it is concerned as regards the 
vast proportion of the Bill exactly the same as that which 
passed the referendum of the Australian people. But the second 
principle which I ask the House to assent to, and to which we 
have given application by certain amendments we have made in 
the Bill, is that wherever the Bill touches the interests of the 
Empire as a whole, or the interests of Her Majesty's subjects, 
or of Her Majesty's possessions outside Australia, the Imperial 
Parliament occupies a position of trust which it is not the desire 
of the Empire, and which I do not believe for a moment it is the 
desire of Australia, that we should fulfil in any perfunctory or 
formal manner. As I say, we have applied these principles in 
dealing with the Bill. Two colonies Western Australia and 
New Zealand appealed to Her Majesty's Government, and 
were represented here by special delegates, and asked us to in- 
terfere to secure for them certain amendments in the Bill. I 
may say Her Majesty's Government were inclined to sympathize 
with the desire of both these colonies. Her Majesty's Govern- 
ment would have been very glad indeed could their wishes have 
been complied with ; but, as we considered that it was an en- 
tirely Australian question, as it was a difference of opinion 
arising between the Australian colonies, in which neither the 
Empire nor the mother country were themselves directly con- 
cerned, we felt we were not justified in pressing these claims, or 
in insisting upon securing their adoption as against the majority 
of the colonies in Australia. Western Australia asked for the 
right to come in as an original State, on terms slightly different 
from those provided in the Constitution. The differences arose 
as to the question of tariffs : and undoubtedly it was admitted 
by the five federating colonies, that, owing to the peculiar posi- 
tion of Western Australia, she was entitled to some period of 
interval before she adopted the common tariff of the Common- 
wealth ; and accordingly five years were allowed her for that 
purpose, subject to the condition that each year one-fifth of any 
difference that might exist between the tariff of Western 
Australia and the tariff of the Commonwealth should be reduced. 
I confess that it seemed to me that a condition of that kind im- 
posed, and I still think it imposes, on the financial system of 



318 FEDEKAL^AND UNIFIED CONSTITUTIONS 

Western Australia a very considerable strain. I do not envy the 
position of the Chancellor of the Exchequer who is beforehand 
tied down by a statutory and Constitutional law to reduce his 
tariff by one-fifth in every successive year for five years to come. 
It is perfectly evident that that must interfere to a considerable 
extent with the production of his annual budget. But, as I have 
said, having appealed to the Premiers, and having put forward 
the views of Western Australia, and having received from them 
the statement that they did not feel justified in assenting to any 
amendments, we reported the result of our inquiries to Sir John 
Forrest, the highly-respected Premier of Western Australia ; and 
we ventured although it was perhaps hardly our business 
in the interest, as we believed, of Australia as a whole and even 
of Western Australia, to press upon him that his Government 
should now reconsider their position, and that in spite of the 
arrangements of which they complained they should seek to 
enter the Federation as an original State. I am very happy to 
say as will be seen by the Blue-book which I have laid upon 
the table that Sir John Forrest and his Government have as- 
sented to our request to take this step. Their Parliament will 
be shortly called together ; and I hope the result will be that 
the Constitution will be submitted to the people of Western 
Australia, and that Her Majesty's Government will be able to 
proclaim the whole of the six colonies of Australia as taking part 
in this great scheme. The colony of New Zealand made several 
requests to us. Two of these were, I think, of minor impor- 
tance. They were that they should have access to the Supreme 
Court of the new Federation, and that some arrangement should 
be made at once for common defence. We considered that 
there would be no difficulty in dealing with these very important 
questions as between New Zealand and the Federated Common- 
wealth after it was formed, and that it was unnecessary to delay 
the Commonwealth during the discussion of matters which, no 
doubt, would require a considerable amount of time. The third 
proposal was that New Zealand should be allowed to enter as 
an original State at any time within the ( next seven years I do 
not know that the period of seven years was a definite part of 
the proposition ; but, at all events, a considerable period was to 
hft ffivtm to fchftm tn malrA thfiir fihoiftft. T nrmffisa that horft also 



SPEECH OF ME. JOSEPH CHAMBEELAIN 319 

I should have been very glad if the Premiers had seen their way 
to accept the suggestion. The delegates, however, who were 
representing the five federating colonies explained, very ably, 
the difficulties that would arise from such a state of things. 
They pointed out that great inconvenience might be suffered, 
especially with regard to the establishment of a tariff, if the 
federating colonies were under a sort of compulsion to accept 
another partner at any time during a long period. 
I now come to the points upon which we think amendment to 
be necessary. Substantially there is only one point of impor- 
tance, but in order that I may be perfectly accurate I will men- 
tion others, as to which, I think, thjere will probably be very 
little debate or opposition. . . . [Admission of Western 

Australia. Consequential amendments.] 

Then, in the third place, there is a matter of more importance, 
though I am happy to say it is one on which there is no division 
of opinion. We propose to make clear in the Bill the applica- 
tion of the Colonial Laws Validity Act to the Commonwealth. 

Now I come to what I have described as the 
substantial point of alteration, which of course is the point 
affecting the question of appeal. This is the only point, I think, 
on which there can possibly be any important subject of con- 
troversy or difference of opinion between ourselves and the 
Australian representatives. ....... 

We have got to a point in our relations with 
our self-governing colonies in which I think we recognize, once 
for all, that these relations depend entirely on their free will and 
absolute consent. The links between us and them at the present 
time are very slender. Almost a touch might snap them. But, 
slender as they are, and slight as they are, although we wish, 
although I hope, that they will become stronger, still if they are 
felt irksome by any one of our great colonies, we shall not 
attempt to force them to wear them. One of these ancient 
links is precisely this right of appeal by every subject of Her 
Majesty to the Queen in Council. The Bill weakens that 
there is no doubt about that and thereby there opens up, as I 
shall show, a prospect of causes of friction and irritation between 
the colonies and ourselves which, in my opinion, would be more 
numerous and more serious than anything that is likely to 



320 FEDERAL AND UNIFIED CONSTITUTIONS 

result if the right of appeal is retained. Well, how shall we deal 
with this question? I am sure that the House will feel that 
there is no man in the House who is more anxious to maintain 
the good feeling between ourselves and our colonies than I am. 
Ever since I have been in office, that has been my chief desire. 
Sir, in a case of this kind nothing is more easy than to concede ; 
nothing is more difficult than to refuse. At the same time, 
believing firmly, as the Government do, that what is asked for 
in this Bill, as it originally came to us, is not only injurious to 
the best interests of Australia, but that it would lead to com- 
plications which might be destructive of good relations and 
prejudicial to the unity of the Empire, we feel that we are bound 
to ask the House to reconsider it. Sir, we believe further and 
this is an important point that opinion has not yet been defi- 
nitely formed on the subject in Australia, and before, therefore, 
assenting to a change which may have such serious results, we 
hold it will be our duty to be quite certain that the demand is a 
demand that has behind it the whole force of Australian opinion. 
Now, the new clause, Clause 74, as submitted, would allow no 
appeal in any matter involving the Federal Constitution, or the 
constitution of a State, unless the "public interests" of some 
part of Her Majesty's dominions other than Australia are in- 
volved ; and it further provides a matter to which sufficient 
attention has not been directed that the Federal Parliament 
may in the future make laws limiting further the matters on 
which appeal is to lie. Now, the right hon. Gentleman the 
Member for East Fife [Right Hon, H. H. Asquith], unless 
he has been misrepresented, said that the Bill did not take 
away any right already existing. He will find that that is a 
mistake. It does take away the right of appeal from a State 
where the State Constitution is in question ; and that right 
exists at the present time. And further, as I have pointed out, 
by a proposal in this solemn instrument expressly to authorize 
the newly created Parliament to further limit the right of appeal, 
it almost makes it impossible for Her Majesty in future, in 
reference to this subject, to exercise the right of veto which, of 

course, is inherent in the prerogative. 

I go on to another point to which I wish to call 
attention. Although this Bill does not in direct terms limit the 



SPEECH OF MR. JOSEPH CHAMBERLAIN 321 

right of veto, which is a right, although undoubtedly reserved 
to the Crown, which must, nevertheless, always be exercised 
with the most scrupulous care and consideration although it 
does not take away that right, it would make it almost a stulti- 
fication on the part of Her Majesty if the Crown were advised 
to exercise that right in a matter which we had expressly referred 
and delegated to the new Parliament. Now, these are the 
proposals. What are the main objections to these proposals ? 

In 1871 it appears a question was raised at the instigation of 
some of the Australian colonies, and then the Privy Council in 
their memorandum said 

" The appellate jurisdiction of Her Majesty in Council exists for 
the benefit of the Colonies, and not for that of the mother country ; 
but it is impossible to overlook the fact that this jurisdiction is part of 
Her Majesty's prerogative, and which has been exercised for the benefit 
of the Colonies since the date of their settlement. It is still a powerful 
link between the Colonies and the Crown of Great Britain, and secures 
to every subject throughout the Empire the right to claim redress from 
the Throne. Tb provides a remedy in many cases not falling within 
the jurisdiction of the ordinary courts of justice. It removes causes 
from the influence of local prepossession ; it affords the means of main- 
taining the uniformity of the law of England and her Colonies which 
derive a great body of their laws from Great Britain, and enables them, 
if they think fit, to obtain a decision in the last resort, from the highest 
judicial authority, composed of men of the greatest legal capacity in 
the metropolis." 

The Australian colonies in 1871 recognized the validity of 
these reasons, and the matter was allowed to drop. It was 
raised again in 1875, [after] the passing of the Act by which the 
Dominion of Canada was created ; and again the Privy Council 
pointed out that 

" this power had been exercised for centuries over all the dependencies 
of the Empire by the Sovereign of the mother country sitting in 
Council. By this institution, common to all parts of the Empire 
beyond the seas, all matters whatever requiring a judicial solution may 
be brought to the cognisance of one Court in which all have a voice. 
To abolish this controlling power and abandon each colony and de- 
pendency to a separate Court of Appeal of its own, would obviously 
destroy one of the most important ties connecting all parts of the 
Empire in common obedience to the courts of law, and renounce. 

21 



322 FEDERAL AND UNIFIED CONSTITUTIONS 

the last and most essential mode of exercising the authority of the 
Crown over its possessions abroad." 

There are other reasons, besides these which are stated by the 
Privy Council, which we have now to bear in mind. This 
Constitution is to be an Imperial Act, and it is, in substance, 
the delegation of powers to an authority which is created by 
the Imperial Parliament. Is it reasonable that when questions 
arise, as they certainly will arise, as to the interpretation of the 
powers of the clause by which this authority is delegated, the 
Imperial power which made the delegation shall not be repre- 
sented upon the Court which is to give a decision ? Then, Sir, 
there is another point. The terms of the clause are such as 
certainly to introduce confusion where uniformity is most desired. 
No appeal is to lie except where the " public interests " of a 
portion of Her Majesty's dominions outside Australia are 
concerned. The advice which I have received on the subject 
goes to show that there may be endless litigation as to the 
precise nature of the cases in which public interests will arise. 

Lastly, there is also the 

question, to which I have already referred, that the Constitution 
empowers the new Parliament to deal with maritime jurisdiction, 
with the Pacific islands, with foreign enlistments, and with ex- 
ternal affairs. The responsibility for the action of the Parlia- 
ment of Australia and its legislation rests with us. We may be 
brought into a hostile position in regard to any foreign country 
in consequence of the action of the Colonial Court. Is it 
reasonable that while we still undertake to co-operate with the 
colonies in their defence, while the whole strength of the Empire 
would be brought to bear in order to protect the interests of the 
colonies is it reasonable that the question whether or not their 
Parliament has gone beyond the powers delegated to it, in some 
matter in which a foreign country not one of Her Majesty's 
possessions is concerned, should be settled without an appeal 
to the Privy Council ? For these and other reasons but I have 
stated the principal ones Her Majesty's Government, as soon 
as they obtained the Bill from the Premiers, were desirous of 

making some amendments 

It has been recognized by none more strongly or more eloquently 
than by the delegates themselves that the position of the Imperial 



SPEECH OF ME. JOSEPH CHAMBERLAIN 323 

Parliament is that of trustee for the Empire, and that although 
the policy of reconstruction may be a different matter, the right 
of reconstruction undoubtedly rests with us. If, therefore, it 
were a fact that Australia as a whole was absolutely united on 
this question, if the clause exactly as it stands had been taken as 
the irrevocable and final decision of the Governments and the 
people of Australia, our position would no doubt be a very delicate 
and very difficult one, because, . . ., we recognize fully the un- 
wisdom I had almost said the impossibility of pressing views 
on great self-governing communities to which they are absolutely 
opposed. . . . Fortunately Her Majesty's Government are not 
placed in this difficult position. . . . There is no such unanimity 
as should make us hesitate in a matter of this vast importance, 
at all events to take time, and for the present, at any rate, retain 
the right, of appeal ... as [it] is now enjoyed by Canada, South 
Africa and India l . . . 

' After much negotiation with the delegates and the Colonial 
Governments, a compromise was arrived at, and Clause 74 was amended 
in Committee to the form in which it appears in the Act. 



ACT OF PAKLIAMBNT ESTABLISHING THE CON- 
STITUTION OF THE COMMONWEALTH OF 
AUSTKALIA. 9 JULY, 1900. 

[63 & 64 Viet. cap. 12, " Law Reports : Public General Statutes," 
vol. 38 (1900), pp. 24-45.] 

AN Act to constitute the Commonwealth of Australia. 

[9th July, 1900.] 

WHEREAS the people of New South Wales, Victoria, 
South Australia, Queensland, and Tasmania, humbly re- 
lying on the blessing of Almighty God, have agreed to 
unite in one indissoluble Federal Commonwealth under 
the Crown of the United Kingdom of Great Britain and 
Ireland, and under the Constitution hereby established : 

And whereas it is expedient to provide for the admis- 
sion into the Commonwealth of other Australasian Colonies 
and possessions of the Queen : 

Be it therefore enacted by the Queen's most Excellent 
Majesty, by and with the advice and consent of the Lords 
Spiritual and Temporal, and Commons, in this present 
Parliament assembled, and by the authority of the same, 
as follows : 

Short title. 1- This Act may be cited as the Commonwealth of 

Australia Constitution Act. 

Act to extend 2. The provisions of this Act referring to the Queen 

to the Queen's sna ii extend to Her Majesty's heirs and successors in the 
successors. . . . ,, TT ., "-, T i. , 

sovereignty of the United Kingdom. 

Proclamation 3 It shall be lawful for the Queen, with the advice of 
of Common- the p rrv y Council, to declare by proclamation that, on and 
wea ' after a day therein appointed, not being later than one 

year after the passing of this Act, the people of New South 
Wales, Victoria, South Australia, Queensland, and Tas- 
mania, and also, if Her Majesty is satisfied that the people 

324 



THE jCONSTITUTION t OF AUSTKALIA 325 

of Western Australia have agreed thereto, of Western 
Australia, shall be united in a Federal Commonwealth 
under the name of the Commonwealth of Australia. But 
the Queen may, at any time after the proclamation, ap- 
point a Governor-General for the Commonwealth. 

4. The Commonwealth shall be established, and the Commence- 
Constitution of the Commonwealth shall take effect, on meut of Act - 
and after the day so appointed. But the Parliaments of 

the several colonies may at any time after the passing of 
this Act make any such laws, to come into operation on 
the day so appointed, as they might have made if the Con- 
stitution had taken effect at the passing of this Act. 

5. This Act, and all laws made by the Parliament of Operation of 
the Commonwealth under the constitution, shall be bind- ^laws'^ 
ing on the courts, judges, and people of every State and 

of every part of the Commonwealth, notwithstanding any- 
thing in the laws of any State ; and the laws of the 
Commonwealth shall be in force on all British ships, the 
Queen's ships of war excepted, whose first port of clear- 
ance and whose port of destination are in the Common- 
wealth. 

6. "The Commonwealth" shall mean the Common- Definitions, 
wealth of Australia as established under this Act. 

" The States " shall mean such of the colonies of New 
South Wales, New Zealand, Queensland, Tasmania, Vic- 
toria, Western Australia, and South Australia, including 
the northern territory of South Australia, as for the time 
being are parts of the Commonwealth, and such colonies 
or territories as may be admitted into or established by 
the Commonwealth as States ; and each of such parts of 
the Commonwealth shall be called "a State." 

" Original States " shall mean such States as are parts 
of the Commonwealth at its establishment. 

7. The Federal Council of Australasia Act, 1885, is Repeal ot 
hereby repealed, but so as not to affect any laws passed Federal A 

i ji -n -i i Vi .1 e * , i i < - f , ,1 Council Act. 

by the Federal Council of Australasia and in force at the 43 & 49 Viet. 

establishment of the Commonwealth. c - 6 - 

Any such law may be repealed as to any State by the 
Parliament of the Commonwealth, or as to any colony 
not being a State by the Parliament thereof. 



326 FEDERAL AND UNIFIED CONSTITUTIONS 



Application of 

Colonial 

Boundaries 

Act, 

58 & 59 Viet. 

c. 34. 



Constitution. 



Chap. I. 
The Parlia- 
ment. 

Part I. 
General. 
Legislative 
power. 



Governor- 
General. 



8. After the passing of this Act the Colonial Boundaries 
Act, 1895, shall not apply to any colony which becomes a 
State of the Commonwealth ; but the Commonwealth shall 
be taken to be a self-governing colony for the purposes of 
that Act. 

9. The Constitution of the Commonwealth shall be as 
follows : 

THE CONSTITUTION. 
This Constitution is divided as follows : 

Chapter I. The Parliament : 
Part I. General : 
Part II. The Senate : 
Part III. The House of Eepresentatives : 
Part IV. Both Houses of the Parliament : 
Part V. Powers of the Parliament : 

Chapter II. The Executive Government : 

Chapter III. The Judicature : 

Chapter IV. Finance and Trade : 

Chapter V. The States : 

Chapter VI New States : 

Chapter VII. Miscellaneous : 

Chapter VIII. Alteration of the Constitution. 

The Schedule. 

CHAPTER I. 

THE PARLIAMENT. 

PART I. GENERAL. 

1. The legislative power of the Commonwealth shall 
be vested in a Federal Parliament, which shall consist of 
the Queen, a Senate, and a House of Eepresentatives, and 
which is herein-after called "The Parliament/' or "The 
Parliament of the Commonwealth." 

2. A Governor-General appointed by the Queen shall 
be Her Majesty's representative in the Commonwealth, 
and shall have and may exercise in the Commonwealth 
during the Queen's pleasure, but subject to this Constitu- 
tion, such powers and functions of the Queen as Her 
Majesty may be pleased to assign to him. 



THE CONSTITUTION OF AUSTRALIA 327 

3. There shall be payable to the Queen out of the Con- Salary of 
solidated Eevenue fund of the Commonwealth, for t 

salary of the Governor-General, an annual sum which, 
until the Parliament otherwise provides, shall be ten 
thousand pounds. 

The salary of a Governor- General shall not be altered 
during his continuance in office. 

4. The provisions of this Constitution relating to the Provisions 
Governor-General extend and apply to the Governor- Q^^^? 
General for the time being, or such person as the Queen General. 
may appoint to administer the Government of the Common- 
wealth ; but no such person shall be entitled to receive any 
salary from the Commonwealth in respect of any other 

office during his administration of the Government of the 
Commonwealth. 

5. The Governor-General may appoint such times for Sessions of 
holding the sessions of the Parliament as he thinks fit, and ^J^tiou 
may also from time to time, by Proclamation or otherwise, and dissolution, 
prorogue the Parliament, and may in like manner dissolve 

the House of Representatives. 

After any general election the Parliament shall be Summoning 
summoned to meet not later than thirty days after the day Parliament. 
appointed for the return of the writs. 

The Parliament shall be summoned to meet not later First session, 
than six months after the establishment of the Common- 
wealth. 

6. There shall be a session of the Parliament once Yearly session 
at least in every year, so that twelve months shall not of Parliament, 
intervene between the last sitting of the Parliament in 

one session and its first sitting in the next session. 

PABT II. THE SENATE. Partn. 

7. The Senate shall be composed of senators for each The Senate. 
State, directly chosen by the people of the State, voting, 

until the Parliament otherwise provides, as one electorate. 
But until the Parliament of the Commonwealth other- 
wise provides, the Parliament of the State of Queensland, 
if that State be an Original State, may make laws dividing 
the State into divisions and determining the number of 



328 FEDBEAL AND UNIFIED CONSTITUTIONS 

senators to be chosen for each division, and in the absence 
of such provision the State shall be one electorate. 

Until the Parliament otherwise provides there shall 
be six senators for each Original State. The Parliament 
may make laws increasing or diminishing the number of 
senators for each State, but so that equal representation 
of the several Original States shall be maintained and that 
no Original State shall have less than six senators. 

The senators shall be chosen for a term of six years, 
and the names of the senators chosen for each State shall 
be certified by the Governor to the Governor-General. 
Qualification of 8. The qualification of electors of senators shall be in 
electors. eQiC fa g^e that which is prescribed by this Constitution, 

or by the Parliament, as the qualification for electors of 
members of the House of Eepresentatives ; but in the 
choosing of senators each elector shall vote only once. 
Method of 9. The Parliament of the Commonwealth may make 

senators f ^ aws prescribing the method of choosing senators, but so 
that the method shall be uniform for all the States. 
Subject to any such law, the Parliament of each State 
may make laws prescribing the method of choosing the 
senators for that State. 

Times and The Parliament of a State may make laws for deter- 

Places. mining the times and places of elections of senators for 

the State. 

Application of 10. Until the Parliament otherwise provides, but sub- 
State laws. j ect to tll - 8 Constitution, the laws in force in each State, 
for the time being, relating to elections for the more 
numerous House of the Parliament of the State shall, as 
nearly as practicable, apply to elections of senators for the 
State. 

Failure to 11. The Senate may proceed to the despatch of busi- 

choose senators. negs> notwithstanding the failure of any State to provide 

for its representation in the Senate. 

Issue of writs. 12. The Governor of any State may cause writs to be 

issued for elections of senators for the State. In case of 

the dissolution of the Senate the writs shall be issued 

within ten days from the proclamation of such dissolution. 

notation of 13. As soon as may be after the Senate first meets, and 

senators. 



THE CONSTITUTION OP AUSTRALIA 329 

after each first meeting of the Senate following a dissolu- 
tion thereof, the Senate shall divide the senators chosen 
for each State into two classes, as nearly equal in number 
as practicable ; and the places of the senators of the first 
class shall become vacant at the expiration of the third 
year, and the places of those of the second class at the ex- 
piration of the sixth year, from the beginning of their term 
of service ; and afterwards the places of senators shall 
become vacant at the expiration of six years from the 
beginning of their term of service. 

The election to fill vacant places shall be made in the 
year at the expiration of which the places are to become 
vacant. 

For the purposes of this section the term of service of 
a senator shall be taken to begin on the first day of 
January following the day of his election, except in the 
cases of the first election and of the election next after any 
dissolution of the Senate, when it shall be taken to begin 
on the first day of January preceding the day of his 
election. 

14. Whenever the number of senators for a State is Further provi- 
increased or diminished, the Parliament of the Common- *1 for rota " 
wealth may make such provision for the vacating of the 

places of senators for the State as it deems necessary to 
maintain regularity in the rotation. 

15. If the place of a senator becomes vacant before the Casual 
expiration of his term of service, the Houses of Parliament vacailcies - 
of the State for which he was chosen shall, sitting and 
voting together, choose a person to hold the place until 

the expiration of the term, or until the election of a 
successor as hereinafter provided, whichever first happens. 
But if the Houses of Parliament of the State are not in 
session at the time when the vacancy is notified, the 
Governor of the State, with the advice of the Executive 
Council thereof, may appoint a person to hold the place 
until the expiration of fourteen days after the beginning 
of the next session of the Parliament of the State, or until 
the election of a successor, whichever first happens. 

At the next general election of members of the House 



330 FBDEEAL AND UNIFIED CONSTITUTIONS 



Qualifications 
of senator. 

Election of 
President. 



Absence of 
President. 



Resignation of 
senator. 



Vacancy by 
absence. 



Vacancy to be 
notified. 



Quorum. 



Voting in 
Senate. 



of Bepresentatives, or at the next election of senators for 
the State, whichever first happens, a successor shall, if the 
term has not then expired, be chosen to hold the place from 
the date of his election until the expiration of the term. 

The name of any senator so chosen or appointed shall 
be certified by the Governor of the State to the Governor- 
General. 

16. The qualifications of a senator shall be the same 
as those of a member of the House of Representatives. 

17. The Senate shall, before proceeding to the despatch 
of any other business, choose a senator to be the President 
of the Senate ; and as often as the office of President 
becomes vacant the Senate shall again choose a senator to 
be the President. 

The President shall cease to hold his office if he ceases 
to be a senator. He may be removed from office by a vote 
of the Senate, or he may resign his office or his seat by 
writing addressed to the Governor-General. 

18. Before or during any absence of the President, the 
Senate may choose a senator to perform his duties in his 
absence. 

19. A senator may, by writing addressed to the Presi- 
dent, or to the Governor-General if there is no President, 
or if the President is absent from the Commonwealth, 
resign his place, which thereupon shall become vacant. 

20. The place of a senator shall become vacant if for 
two consecutive months of any session of the Parliament 
he, without the permission of the Senate, fails to attend 
the Senate. 

21. Whenever a vacancy happens in the Senate, the 
President, or if there is no President or if the President 
is absent from the Commonwealth the Governor- General, 
shall notify the same to the Governor of the State in the 
representation of which the vacancy has happened. 

22. Until the Parliament otherwise provides, the 
presence of at least one-third of the whole number of the 
senators shall be necessary to constitute a meeting of the 
Senate for the exercise of its powers. 

23. Questions arising in the Senate shall be determined 



THE CONSTITUTION OF AUSTEALIA 331 

by a majority of votes, and each senator shall have one 
vote. The President shall in all cases be entitled to a 
vote ; and when the votes are equal the question shall 
pass in the negative. 

Part III. 

PART III. THE HOUSE OP REPRESENTATIVES. p^^enta 

tives. 

24. The House of Representatives shall be composed Constitution of 
of members directly chosen by the people of the Common- 

wealth, and the number of such members shall be, as 
nearly as practicable, twice the number of the senators. 

The number of members chosen in the several States 
shall be in proportion to the respective numbers of their 
people, and shall, until the Parliament otherwise provides, 
be determined, whenever necessary, in the following 
manner ; 

(i) A quota shall be ascertained by dividing the number 
of the people of the Commonwealth, as shown by 
the latest statistics of the Commonwealth, by 
twice the number of the senators : 
(ii) The number of members to be chosen in each 
State shall be determined by dividing the number 
of the people of the State, as shown by the latest 
statistics of the Commonwealth, by the quota; 
and if on such division there is a remainder 
greater than one-half of the quota, one more 
member shall be chosen in the State. 
But notwithstanding anything in this section, five 
members at least shall be chosen in each Original State. 

25. For the purposes of the last section, if by the law Provision as to 
of any State all persons of any race are disqualified from r ^^ 
voting at elections for the more numerous House of the voting. 
Parliament of the State, then, in reckoning the number 

of the people of the State or of the Commonwealth, 
persons of that race resident in that State shall not be 
counted. 

26. Notwithstanding anything in section twenty-four, Representa- 
the number of members to be chosen in each State at 

first election shall be as follows : 



332 FEDERAL AND UNIFIED CONSTITUTIONS 



Alteration of 
number of 
members. 

Duration of 
House of Re- 
presentatives. 



Electoral 
divisions. 



New South Wales 

Victoria 

Queensland .... 

South Australia .... 

Tasmania . 

Provided that if Western Australia is 
the numbers shall be as follows : 

New South Wales 

Victoria ..... 

Queensland .... 

South Australia .... 

Western Australia 

Tasmania . 



twenty-three ; 
twenty ; 
eight ; 
six; 
five; 
an Original State, 

twenty- six ; 
twenty-three ; 
nine ; 
seven ; 
five; 
five. 



Qualification of 
electors. 



Application of 
State laws. 



27. Subject to this Constitution, the Parliament may 
make laws for increasing or diminishing the number of 
the members of the House of Representatives. 

28. Every House of Representatives shall continue for 
three years from the first meeting of the House, and no 
longer, but may be sooner dissolved by the Governor- 
General. 

29. Until the Parliament of the Commonwealth other- 
wise provides, the Parliament of any State may make 
laws for determining the divisions in each State for which 
members of the House of Representatives may be chosen, 
and the number of members to be chosen for each division. 
A division shall not be formed out of parts of different 
States. 

In the absence of other provision, each State shall be 
one electorate. 

30. Until the Parliament otherwise provides, the 
qualification of electors of members of the House of Re- 
presentatives shall be in each State that which is pre- 
scribed by the law of the State as the qualification of 
electors of the more numerous House of Parliament of 
the State ; but in the choosing of members each elector 
shall vote only once. 

31. Until the Parliament otherwise provides, but sub- 
ject to this Constitution, the laws in force in each State 
for the time being relating to elections for the more 



THE CONSTITUTION OF AUSTRALIA 333 

numerous House of the Parliament of the State shall, as 
nearly as practicable, apply to elections in the State of 
members of the House of Eepresentatives. 

32. The Governor-General in Council may cause writs Writs for 
to be issued for general elections of members of the House faction 
of Representatives. 

After the first general election, the writs shall be 
issued within ten days from the expiry of a House of 
Eepresentatives or from the proclamation of a dissolution 
thereof. 

33. Whenever a vacancy happens in the House of Writs for 
Representatives, the Speaker shall issue his writ for the vacancies - 
election of a new member, or if there is no Speaker or if 

he is absent from the Commonwealth the Governor- 
General in Council may issue the writ. 

34. Until the Parliament otherwise provides, the quali- Qualifications 
fications of a member of the House of Representatives mem ers * 
shall be as follows : 

(i) He must be of the full age of twenty-one years, and 
must be an elector entitled to vote at the election 
of members of the House of Representatives, or 
a person qualified to become such elector, and 
must have been for three years at the least a 
resident within the limits of the Commonwealth 
as existing at the time when he is chosen : 

(ii) He must be a subject of the queen, either natural- 
born or for at least five years naturalised under a 
law of the United Kingdom, or of a Colony which 
has become or becomes a State, or of the Common- 
wealth, or of a State. 

35. The House of Representatives shall, before pro- Election of 
ceeding to the despatch of any other business, choose a Speaker * 
member to be the Speaker of the House, and as often as 

the office of Speaker becomes vacant the House shall again 
choose a member to be the Speaker. 

The Speaker shall cease to hold his office if he ceases 
to be a member. He may be removed from office by a 
vote of the House, or he may resign his office or his seat 
by writing addressed to the Governor- General, 



334 FEDEEAL AND UNIFIED CONSTITUTIONS 



Absence of 
Speaker. 



Resignation of 
member. 



Vacancy by 
absence. 



Quorum. 



Voting in 
House of Re- 
presentatives. 



Part IV. 
Both Houses 

of the 
Parliament. 
Right of 
electors of 
States. 



Oath or affir- 
mation of 
allegiance. 



Member of 
one House 
ineligible for 
other. 

Disqualifica- 
tion. 



36. Before or during any absence of the Speaker, the 
House of ^Representatives may choose a member to per- 
form his duties in his absence. 

37. A member may by writing addressed to the 
Speaker, or to the Governor-General if there is no Speaker 
or if the Speaker is absent from the Commonwealth, 
resign his place, which thereupon shall become vacant. 

38. The place of a member shall become vacant if for 
two consecutive months of any session of the Parliament 
he, without the permission of the House, fails to attend 
the House. 

39. Until the Parliament otherwise provides, the 
presence of at least one-third of the whole number of the 
members of the House of Eepresentatives shall be neces- 
sary, to constitute a meeting of the House for the exercise 
of its powers. 

40. Questions arising in the House of Kepresentatives 
shall be determined by a majority of votes other than that 
of the Speaker. The Speaker shall not vote unless the 
numbers are equal, and then he shall have a casting vote. 

PART IV. BOTH HOUSES OF THE PARLIAMENT. 

41. No adult person who has or acquires a right to 
vote at elections for the more numerous House of the 
Parliament of a State shall, while the right continues, be 
prevented by any law of the Commonwealth from voting 
at elections for either House of the Parliament of the 
Commonwealth. 

42. Every senator and every member of the House of 
Eepresentatives shall before taking his seat make and 
subscribe before the Governor-General, or some person 
authorized by him, an oath or affirmation of allegiance in 
the form set forth in the schedule to this Constitution. 

43. A member of either House of the Parliament shall 
be incapable of being chosen or of sitting as a member of 
the other House. 

44. Any person who 

(i) Is under any acknowledgment of allegiance, obedi- 
ence, or adherence to a foreign power, or is a 
subject or a citizen or entitled to the rights or 



THE CONSTITUTION OF AUSTEALIA 335 

privileges of a subject or a citizen of a foreign 
power : or 

(ii) Is attainted of treason, or has been convicted and 
is under sentence, or subject to be sentenced, for 
any offence punishable under the law of the 
Commonwealth or of a State by imprisonment for 
one year or longer : or 

(iii) Is an undischarged bankrupt or insolvent : or 
(iv) Holds any office of profit under the Crown, or 
any pension payable during the pleasure of the 
Crown out of any of the revenues of the Common- 
wealth : or 

(v) Has any direct or indirect pecuniary interest in 
any agreement with the Public Service of the 
Commonwealth otherwise than as a member and 
in common with the other members of an incor- 
porated company consisting of more than twenty- 
five persons : 

shall be incapable of being chosen or of sitting as a senator 
or a member of the House of Representatives. 

But sub-section iv. does not apply to the office of any 
of the Queen's Ministers of State for the Commonwealth, 
or of any of the Queen's Ministers for a State, or to the 
receipt of pay, half pay, or a pension by any person as an 
officer or member of the Queen's navy or army, or to the 
receipt of pay as an officer or member of the naval or 
military forces of the Commonwealth by any person whose 
services are not wholly employed by the Commonwealth. 

45. If a senator or member of the House of Representa- Vacancy on 
>' ^ happening of 

tlves disqualifiSa- 

(i) Becomes subject to any of the disabilities mentioned tion. 
in the last preceding section : or 

(ii) Takes the benefit, whether by assignment, com- 
position, or otherwise, of any law relating to bank- 
rupt or insolvent debtors : or 

(iii) Directly or indirectly takes or agrees to take any 
fee or honorarium for services rendered to the 
Commonwealth, or for services rendered in the 
Parliament to any person or State : 
his place shall thereupon become vacant. 



336 FEDBEAL AND UNIFIED CONSTITUTIONS 

Penalty for 46. Until the Parliament otherwise provides, any per- 

son declared by this Constitution to be incapable of sitting 
as a senator or as a member of the House of Bepresenta- 
tives shall, for every day on which he so sits, be liable to 
pay the sum of one hundred pounds to any person who 
sues for it in any court of competent jurisdiction. 
Disputed 47. Until the Parliament otherwise provides, any 

elections. question respecting the qualification of a senator or of a 
member of the House of Kepresentatives, or respecting 
a vacancy in either House of the Parliament, and any 
question of a disputed election to either House shall be 
determined by the House in which the question arises. 
Allowance to 48. Until the Parliament otherwise provides, each 
members. senator and each member of the House of Kepresentatives 
shall receive an allowance of four hundred pounds a year, 
to be reckoned from the day on which he takes his seat. 
Privileges, &c. 49. The powers, privileges, and immunities of the 
of Houses. Senate and of the House of Eepresentatives, and of the 
members and the committees of each House, shall be such 
as are declared by the Parliament, and until declared shall 
be those of the Commons House of Parliament of the 
United Kingdom, and of its members and committees, at 
the establishment of the Commonwealth. 

Rules and 50. Each House of the Parliament may make rules 

orders. an( j or( j ers w j^h respect to 

(i) The mode in which its powers, privileges, and im- 
munities may be exercised and upheld : 

(ii) The order and conduct of its business and proceed- 
ings either separately or jointly with the other 
House. 

Partv. PABT V. POWERS OF THE PARLIAMENT. 

Parliament. 6 51. The Parliament shall, subject to this Constitution, 

Legislative have power to make laws for the peace, order, and good 
powers of the A - A , ~ i , i . i . j 

Parliament. government of the Commonwealth with respect to : 

(i) Trade and commerce with other countries, and 

among the States : 
(ii) Taxation ; but so as not to discriminate between 

States or parts of States : 
(iii) Pounties on the production or export of goods, 



THE CONSTITUTION OF AUSTBALIA 837 

but so that such bounties shall be uniform through- 
out the Commonwealth : 

(iv) Borrowing money on the public credit of the Com- 
monwealth : 

(v) Postal, telegraphic, telephonic, and other like 
services : 

(vi) The naval and military defence of the Common- 
wealth and of the several States, and the control 
of the forces to execute and maintain the laws of 
the Commonwealth : 

(vii) Lighthouses, lightships, beacons and buoys : 

(viii) Astronomical and meteorological observations : 

(ix) Quarantine : 

(x) Fisheries in Australian waters beyond territorial 
limits : 

(xi) Census and statistics : 

(xii) Currency, coinage, and legal tender : 

(xiii) Banking, other than State banking ; also State 
banking extending beyond the limits of the State 
concerned, the incorporation of banks, and the 
issue of paper money : 

(xiv) Insurance, other than State insurance ; also 
State insurance extending beyond the limits of 
the State concerned : 

(xv) Weights and measures : 

(xvi) Bills of exchange and promissory notes : 

(xvii) Bankruptcy and insolvency : 

(xviii) Copyrights, patents of inventions and designs, 
and trade marks : 

(xix) Naturalization and aliens : 

(xx) Foreign corporations, and trading or financial 
corporations formed within the limits of the 
Commonwealth : 

(xxi) Marriage : 

(xxii) Divorce and matrimonial causes ; and in rela- 
tion thereto, parental rights, and the custody and 
guardianship of infants : 

(xxiii) Invalid and old-age pensions ; 

(xxiv) The service and execution throughout the 

22 



338 FEDERAL AND UNIFIED CONSTITUTIONS 

Commonwealth of the civil and criminal process 
and the judgments of the courts of the States : 

(xxv) The recognition throughout the Commonwealth 
of the laws, the public Acts and records, and the 
judicial proceedings of the States : 

(xxvi) The people of any race, other than the aboriginal 
race in any State, for whom it is deemed neces- 
sary to make special laws : 

(xxvii) Immigration and emigration : 

(xxviii) The influx of criminals : 

(xxix) External affairs : 

(xxx) The relations of the Commonwealth with the 
islands of the Pacific : 

(xxxi) The acquisition of property on just terms from 
any State or person for any purpose in respect of 
which the Parliament has power to make laws : 

(xxxii) The control of railways with respect to trans- 
port for the naval and military purposes of the 
Commonwealth : 

(xxxiii) The acquisition, with the consent of a State, 
of any railways of the State on terms arranged 
between the Commonwealth and the State : 

(xxxiv) Bailway construction and extension in any 
State with the consent of that State : 

(xxxv) Conciliation and arbitration for the prevention 
and settlement of industrial disputes extending 
beyond the limits of any one State : 

(xxxvi) Matters in respect of which this Constitution 
makes provision until the Parliament otherwise 
provides : 

(xxxvii) Matters referred to the Parliament of the 
Commonwealth by the Parliament or Parliaments 
of any State or States, but so that the law shall ex- 
tend only to States by whose Parliaments the matter 
is referred, or which afterwards adopt the law : 

(xxxviii) The exercise within the Commonwealth, at 
the request or with the concurrence of the Parlia- 
ments of all the States directly concerned, of any 
power which can at the establishment of this 



THE CONSTITUTION OF AUSTKAUA 339 

Constitution be exercised only by the Parliament 
of the United Kingdom or by the Federal Council 
of Australasia : 

(xxxix) Matters incidental to the execution of any 
power vested by this Constitution in the Parlia- 
ment or in either House thereof, or in the Gov- 
ernment of the Commonwealth, or in the Federal 
Judicature, or in any department or officer of the 
Commonwealth. 

52. The Parliament shall, subject to this Constitution, Exclusive 
have exclusive power to make laws for the peace, order, 

and good government of the Commonwealth with respect 
to 

(i) The seat of government of the Commonwealth, and 
all places acquired by the Commonwealth for 
public purposes : 

(ii) Matters relating to any department of the public 
service the control of which is by this Constitu- 
tion transferred to the Executive Government of 
the Commonwealth : 

(iii) Other matters declared by this Constitution to be 
within the exclusive power of the Parliament. 

53. Proposed laws appropriating revenue or moneys, Powers of the 
or imposing taxation, shall not originate in the Senate. ^^t of 
But a proposed law shall not be taken to appropriate legislation, 
revenue or moneys, or to impose taxation, by reason only 

of its containing provisions for the imposition or appro- 
priation of fines or other pecuniary penalties, or for the 
demand or payment or appropriation of fees for licences, 
or fees for services under the proposed law. 

The Senate may not amend proposed laws imposing taxa- 
tion, or proposed laws appropriating revenue or moneys 
for the ordinary annual services of the Government. 

The Senate may not amend any proposed law so as to 
increase any proposed charge or burden on the people. 

The Senate may at any stage return to the House of 
Bepresentatives any proposed law which the Senate may 
not amend, requesting, by message, the omission or amend- 
ment of any items or provisions therein. And the House 



340 FBDBBAL AND UNIFIED CONSTITUTIONS 



Appropriation 
Tax Bill. 



Recommenda- 
tion of money 
votes. 



Disagreement 
between the 
Houses. 



of Representatives may, if it thinks fit, make any of such 
omissions or amendments, with or without modifications. 
Except as provided in this section, the Senate shall 
have equal power with the House of Representatives in 
respect of all proposed laws. 

54. The proposed law which appropriates revenue or 
moneys for the ordinary annual services of the Govern- 
ment shall deal only with such appropriation. 

55. Laws imposing taxation shall deal only with the 
imposition of taxation, and any provision therein dealing 
with any other matter shall be of no effect. 

Laws imposing taxation, except laws imposing duties 
of customs or of excise, shall deal with one subject of 
taxation only ; but laws imposing duties of customs shall 
deal with duties of customs only, and laws imposing 
duties of excise shall deal with duties of excise only. 

56. A vote, resolution, or proposed law for the appro- 
priation of revenue or moneys shall not be passed unless 
the purpose of the appropriation has in the same session 
been recommended by message of the Governor- General 
to the House in which the proposal originated. 

57. If the House of Representatives passes any pro- 
posed law, and the Senate rejects or fails to pass it, or 
passes it with amendments to which the House of Repre- 
sentatives will not agree, and if after an interval of three 
months the House of Representatives, in the same or the 
next session, again passes the proposed law with or 
without any amendments which have been made, sug- 
gested, or agreed to by the Senate, and the Senate rejects 
or fails to pass it, or passes it with amendments to which 
the House of Representatives will not agree, the Governor- 
General may dissolve the Senate and the House of Repre- 
sentatives simultaneously. But such dissolution shall not 
take place within six months before the date of the expiry 
of the House of Representatives by effluxion of time. 

If after such dissolution the House of Representatives 
again passes the proposed law, with or without any amend- 
ments which have been made, suggested, or agreed to by 
the Senate, and the Senate rejects or fails to pass it, or 



THE CONSTITUTION OF AUSTRALIA 341 

passes it with amendments to which the House of Repre- 
sentatives will not agree, the Governor-General may 
convene a joint sitting of the members of the Senate and 
of the House of Representatives. 

The members present at the joint sitting may deliberate 
and shall vote together upon the proposed law as last 
proposed by the House of Representatives, and upon 
amendments, if any, which have been made therein by 
one House and not agreed to by the other, and any such 
amendments which are affirmed by an absolute majority 
of the total number of the members of the Senate and 
House of Representatives shall be taken to have been 
carried, and if the proposed law, with the amendments, if 
any, so carried is affirmed by an absolute majority of the 
total number of members of the Senate and House of 
Representatives, it shall be taken to have been duly 
passed by both Houses of the Parliament, and shall be 
presented to the Governor-General for the Queen's assent. 

58. When a proposed law passed by both Houses of Royal assent to 
the Parliament is presented to the Governor- General for Bllls - 

the Queen's assent, he shall declare, according to his 
discretion, but subject to this Constitution, that he assents 
in the Queen's name, or that he withholds assent, or that 
he reserves the law for the Queen's pleasure. 

The Govern or- General may return to the house in Becommenda- 
which it originated any proposed law so presented to him, Q^^y 
and may transmit therewith any amendments which he General, 
may recommend, and the Houses may deal with the re- 
commendation. 

59. The Queen may disallow any law within one year Disallowance 
from the Governor-General's assent, and such disallowance b y the Queen. 
on being made known by the Governor-General by speech 

or message to each of the Houses of the Parliament, or 
by Proclamation, shall annul the law from the day when 
the disallowance is so made known. 

60. A proposed law reserved for the Queen's pleasure signification 
shall not have any force unless and until within two years |J3 U en '* 
from the day on which it was presented to the Governor- Bills reserved. 
General for the Queen's assent the Governor-General 



342 FEDEBAL AND UNIFIED CONSTITUTIONS 



Chap. II. 

The 
Government. 



Executive 
power. 



Federal 

Executive 

Council. 



Provisions 
referring to 
Governor- 
General. 



Ministers of 
State. 



Ministers to sit 
in Parliament. 



Number of 
Ministers. 



Salaries of 
Ministers. 



makes known, by speech or message to each of the 
Houses of the Parliament, or by Proclamation, that it has 
received the Queen's assent. 

CHAPTER II. 

THE EXECUTIVE GOVERNMENT. 

61. The executive power of the Commonwealth is 
vested in the Queen and is exerciseable by the Governor- 
General as the Queen's representative, and extends to the 
execution and maintenance of this Constitution, and of 
the laws of the Commonwealth, 

62. There shall be a Federal Executive Council to 
advise the Governor-General in the government of the 
Commonwealth, and the members of the Council shall be 
chosen and summoned by the Governor-General and sworn 
as Executive Councillors, and shall hold office during his 
pleasure. 

63. The provisions of this Constitution referring to the 
Governor-General in Council shall be construed as re- 
ferring to the Governor-General acting with the advice of 
the Federal Executive Council. 

64. The Governor-General may appoint officers to 
administer such departments of State of the Common- 
wealth as the Governor- General in Council may establish. 

Such officers shall hold office during the pleasure of 
the Governor- General. They shall be members of the 
Federal Executive Council, and shall be the Queen's 
Ministers of State for the Commonwealth. 

After the first general election no Minister of State 
shall hold office for a longer period than three months 
unless he is or becomes a senator or a member of the 
House of Representatives. 

65. Until the Parliament otherwise provides, the 
Ministers of State shall not exceed seven in number, and 
shall hold such offices as the Parliament prescribes, or, in 
the absence of provision, as the Governor- General directs. 

66. There shall be payable to the Queen, out of the 
Consolidated Bevenue Fund of the Commonwealth, for the 



THE CONSTITUTION OF AUSTEALIA 343 

salaries of the Ministers of State, an annual sum which, 
until the Parliament otherwise provides, shall not exceed 
twelve thousand pounds a year. 

67. Until the Parliament otherwise provides, the Appointment 
appointment and removal of all other officers of t 
Executive Government of the Commonwealth shall be 

vested in the Governor-General in Council, unless the 
appointment is delegated by the Governor-General in 
Council or by a law of the Commonwealth to some other 
authority. 

68. The command in chief of the naval and military Command of 
forces of the Commonwealth is vested in the Governor- 
General as the Queen's representative. 

69. On a date or dates to be proclaimed by the Governor- Transfer of 
General after the establishment of the Commonwealth the 23^ depart " 
following departments of the public service in each State 

shall become transferred to the Commonwealth ; 

Posts, telegraphs, and telephones : 

Naval and military defence : 

Lighthouses, lightships, beacons, and buoys : 

Quarantine. 

But the departments of customs and excise in each 
State shall become transferred to the Commonwealth on 
its establishment. 

70. In respect of matters which, under this Constitu- Certain powers 
tion, pass to the Executive Government of the Common- ^ ^tlr? 
wealth, all powers and functions which at the establish- Governor- 
ment of the Commonwealth are vested in the Governor of Genera1 ' 

a Colony, or in the Governor of a Colony with the advice 
of his Executive Council, or in any authority of a Colony, 
shall vest in the Governor- General or in the Governor- 
General in Council, or in the authority exercising similar 
powers under the Commonwealth, as the case requires. 

CHAPTER III. Chap. III. 

The 
THE JUDICATURE. Judicature. 

71. The judicial power of the Commonwealth shall be Judicial power 
vested in a Federal Supreme Court, to be called the High and Court8 ' 



344 FEDEKAL AND UNIFIED CONSTITUTIONS 

Court of Australia, and in such other federal courts as the 
Parliament creates, and in such other courts as it invests 
with federal jurisdiction. The High Court shall consist 
of a Chief Justice, and so many other Justices, not less 
than two, as the Parliament prescribes. 
Judges' 72. The Justices of the High Court and of the other 

tSSS^d* 1 courts created b y the Parliament- 
remuneration, (i) Shall be appointed by the Governor-General in 

Council : 

(ii) Shall not be removed except by the Governor- 
General in Council, on an address from both Houses 
of the Parliament in the same session, praying for 
such removal on the ground of proved misbe- 
haviour or incapacity : 

(iii) Shall receive such remuneration as the Parliament 
may fix; but the remuneration shall not be 
diminished during their continuance in office. 

Appellate 73. The High Court shall have jurisdiction, with such 

f Ccmrt f exce P t i ns an d subject to such regulations as the Parlia- 
liament prescribes, to hear and determine appeals from 
all judgments, decrees, orders, and sentences 

(i) Of any Justice or Justices exercising the original 

jurisdiction of the High Court : 

(ii) Of any other federal court, or court exercising 
federal jurisdiction ; or of the Supreme Court of 
any State, or of any other court of any State from 
which at the establishment of the Commonwealth 
an appeal lies to the Queen in Council : 
(iii) Of the inter-State Commission, but as to questions 

of law only : 

and the judgment of the High Court in all such cases 
shall be final and conclusive. 

But no exception or regulation prescribed by the 
Parliament shall prevent the High Court from hearing 
and determining any appeal from the Supreme Court of a 
State in any matter in which at the establishment of the 
Commonwealth an appeal lies from such Supreme Court 
to the Queen in Council. 

Until the Parliament otherwise provides, the conditions 



THE CONSTITUTION OF AUSTEALIA 345 

of and restrictions on appeals to the Queen in Council 
from the Supreme Courts of the several States shall be 
applicable to appeals from them to the High Court. 

74. No appeal shall be permitted to the Queen in Appeal to 
Council from a decision of the High Court upon any$ ueen .i n 

, . . i i i Council, 

question, howsoever arising, as to the limits inter se of 

the Constitutional powers of the Commonwealth and those 
of any State or States, or as to the limits inter se of the 
Constitutional powers of any two or more States, unless 
the High Court shall certify that the question is one which 
ought to be determined by Her Majesty in Council. 

The High Court may so certify if satisfied that for any 
special reason the certificate should be granted, and there- 
upon an appeal shall lie to Her Majesty in Council on the 
question without further leave. 

Except as provided in this section, this Constitution 
shall not impair any right which the Queen may be pleased 
to exercise by virtue of Her Eoyal prerogative to grant 
special leave of appeal from the High Court to Her Majesty 
in Council. The Parliament may make laws limiting the 
matters in which such leave may be asked, but proposed 
laws containing any such limitation shall be reserved by 
the Governor- General for Her Majesty's pleasure. 

75. In all matters Original 

(i) Arising under any treaty : jurisdiction of 

/\ \cc !. i i.i! j. *.- J.-L- High Court. 

(11) Affecting consuls or other representatives of other 

countries : 
(iii) In which the Commonwealth, or a person suing or 

being sued on behalf of the Commonwealth, is a 

party : 
(iv) Between States, or between residents of different 

States, or between a State and a resident of another 

State : 
(v) In which a writ of Mandamus or prohibition or 

an injunction is sought against an officer of the 

Commonwealth : 
the High Court shall have original jurisdiction. 

76. The Parliament may make laws conferring original Additional 
jurisdiction on the High Court in any matter diction 1 



346 FEDEKAL AND UNIFIED CONSTITUTIONS 



Power to define 
jurisdiction. 



Proceedings 
against Com- 
monwealth or 
State. 

Number of 
judges. 



Trial by jury. 



Chap. IV. 

Finance and 

Trade. 



Consolidated 

Revenue 

Fund. 



Expenditure 

charged 

thereon. 



(i) Arising under this Constitution, or involving its 

interpretation : 

(ii) Arising under any laws made by the Parliament : 
(iii) Of Admiralty and maritime jurisdiction : 
(iv) Relating to the same subject-matter claimed under 

the laws of different States. 

77. With respect of any of the matters mentioned in 
the last two sections the Parliament may make laws 

(i) Denning the jurisdiction of any federal court other 
than the High Court : 

(ii) Defining the extent to which the jurisdiction of any 
federal court shall be exclusive of that which be- 
longs to or is invested in the courts of the States : 

(iii) Investing any court of a State with federal jurisdic- 
tion. 

78. The Parliament may make laws conferring rights 
to proceed against the Commonwealth or a State in respect 
of matters within the limits of the judicial power. 

79. The federal jurisdiction of any court may be 
exercised by such number of judges as the Parliament pre- 
scribes. 

80. The trial on indictment of any offence against any 
law of the Commonwealth shall be by jury, and every 
such trial shall be held in the State where the offence was 
committed, and if the offence was not committed within 
any State the trial shall be held at such place or places as 
the Parliament prescribes. 

CHAPTER IV. 

FINANCE AND TRADE. 

81. All revenues or moneys raised or received by the 
Executive Government of the Commonwealth shall form 
one Consolidated Revenue Fund, to be appropriated for 
the purposes of the Commonwealth in the manner and 
subject to the charges and liabilities imposed by this Con- 
stitution. 

82. The costs, charges, and expenses incident to the 
collection, management, and receipt of the Consolidated 



THE CONSTITUTION OF AUSTEALIA 347 

Revenue Fund shall form the first charge thereon ; and the 
revenue of the Commonwealth shall in the first instance 
be applied to the payment of the expenditure of the 
Commonwealth. 

83. No money shall be drawn from the Treasury of the Money to be 
Commonwealth except under appropriation made by law. by P law. na 

But until the expiration of one month after the first 
meeting of the Parliament the Governor-General in Council 
may draw from the Treasury and expend such moneys as 
may be necessary for the maintenance of any department 
transferred to the Commonwealth and for the holding of 
the first elections for the Parliament. 

84. When any department of the public service of a Transfer of 
State becomes transferred to the Commonwealth, all cers ' 
officers of the department shall become subject to the 
control of the Executive Government of the Common- 
wealth. 

Any such officer who is not retained in the service of 
the Commonwealth shall, unless he is appointed to some 
other office of equal emolument in the public service of 
the State, be entitled to receive from the State any Pension, 
gratuity, or other compensation, payable under the law of 
the State on the abolition of his office. 

Any such officer who is retained in the service of the 
Commonwealth shall preserve all his existing and accruing 
rights, and shall be entitled to retire from office at the 
time, and on the pension or retiring allowance, which 
would be permitted by the law of the State if his service 
with the Commonwealth were a continuation of his service 
with the State. Such pension or retiring allowance shall 
be paid to him by the Commonwealth ; but the State shall 
pay to the Commonwealth a part thereof, to be calculated 
on the proportion which his term of service with the State 
bears to his whole term of service, and for the purpose of 
the calculation his salary shall be taken to be that paid to 
him by the State at the time of the transfer. 

Any officer who is, at the establishment of the Common- 
wealth, in the public service of a State, and who is, by 
consent of the Governor of the State with the advice of 



348 FEDEEAL AND UNIFIED CONSTITUTIONS 

the Executive Council thereof, transferred to the public 
service of the Commonwealth, shall have the same rights 
as if he had been an officer of a department transferred to 
the Commonwealth and were retained in the service of the 
Commonwealth . 

Transfer of 85. When any department of the public service of a 

State is transferred to the Commonwealth 

(i) All property of the State of any kind, used exclusively 
in connexion with the department, shall become 
vested in the Commonwealth ; but, in the case of 
the departments controlling customs and excise 
and bounties, for such time only as the Governor- 
General may declare to be necessary : 
(ii) The Commonwealth may acquire any property of 
the State, of any kind used, but not exclusively 
used in connexion with the department ; the value 
thereof shall, if no agreement can be made, be 
ascertained in, as nearly as may be, the manner 
in which the value of land, or of an interest in 
land, taken by the State for public purposes is 
ascertained under the law of the State in force at 
the establishment of the Commonwealth : 
(iii) The Commonwealth shall compensate the State 
for the value of any property passing to the 
Commonwealth under this section ; if no agree- 
ment can be made as to the mode of compensation, 
it shall be determined under laws to be made by 
the Parliament : 

(iv) The Commonwealth shall, at the date of the trans- 
fer, assume the current obligations of the State in 
respect of the department transferred. 

86. On the establishment of the Commonwealth, the 
collection and control of duties of customs and of excise, 
and the control of the payment of bounties, shall pass to 
the Executive Government of the Commonwealth. 

87. During a period of ten years after the establishment 
of the Commonwealth and thereafter until the Parliament 
otherwise provides, of the net revenue of the Common- 
wealth from duties of customs and of excise not more than 



THE CONSTITUTION OF AUSTEALIA 349 

one-fourth shall be applied annually by the Commonwealth 
towards its expenditure. 

The balance shall, in accordance with this Constitu- 
tion, be paid to the several States, or applied towards the 
payment of interest on debts of the several States taken 
over by the Commonwealth. 

88. Uniform duties of customs shall be imposed Uniform duties 
within two years after the establishment of the Common- cus ms " 
wealth. 

89. Until the imposition of uniform duties of customs Payment to 
(i) The Commonwealth shall credit to each State the 

revenues collected therein by the Commonwealth, 
(ii) The Commonwealth shall debit to each State 

(a) The expenditure therein of the Common- 
wealth incurred solely for the maintenance or 

continuance, as at the time of transfer, of any 
department transferred from the State to the 
Commonwealth ; 

(b) The proportion of the State, according to the 
number of its people, in the other expenditure 
of the Commonwealth. 

(iii) The Commonwealth shall pay to each State month 
by month the balance (if any) in favour of the 
State. 

90. On the imposition of uniform duties of customs the Exclusive 
power of the Parliament to impose duties of customs and cu^toms^ 
of excise, and to grant bounties on the production or excise, and 
export of goods, shall become exclusive. bounties. 

On the imposition of uniform duties of customs all 
laws of the several States imposing duties of customs or of 
excise, or offering bounties on the production or export of 
goods, shall cease to have effect, but any grant of or agree- 
ment for any such bounty lawfully made by or under the 
authority of the Government of any State shall be taken 
to be good if made before the thirtieth day of June, one 
thousand eight hundred and ninety-eight, and not other- 
wise. 

91. Nothing in this Constitution prohibits a State from Exceptions a 
granting any aid to or bounty on mining for gold, silver, * Aunties. 



350 FBDEEAL AND UNIFIED CONSTITUTIONS 

or other metals, nor from granting, with the consent of 
both Houses of the Parliament of the Commonwealth 
expressed by resolution, any aid to or bounty on the pro- 
duction or export of goods. 

Trade within 92. On the imposition of uniform duties of customs, 
w'eaS^cTbe ^ ra ^ e commerce, and intercourse among the States, 
free. whether by means of internal carriage or ocean naviga- 

tion, shall be absolutely free. 

But notwithstanding anything in this Constitution, 
goods imported before the imposition of uniform duties of 
customs into any State, or into any Colony which, whilst 
the goods remain therein, becomes a State, shall, on 
thence passing into another State within two years after 
the imposition of such duties, be liable to any duty charge- 
able on the importation of such goods into the Common- 
wealth, less any duty paid in respect of the goods on their 
importation. 

Payment to 93. During the first five years after the imposition of 

five te8 ears after un ^ orm Duties of customs, and thereafter until the Parlia- 
uniform tariffs, ment otherwise provides 

(i) The duties of customs chargeable on goods imported 
into a State and afterwards passing into another 
State for consumption, and the duties of excise 
paid on goods produced or manufactured in a 
State and afterwards passing into another State 
for consumption, shall be taken to have been 
collected not in the former but the latter State : 
(ii) Subject to the last subsection, the Commonwealth 
shall credit revenue, debit expenditure, and pay 
balances to the several States as prescribed for 
the period preceding the imposition of uniform 
duties of customs. 

Distribution of 94. After five years from the imposition of uniform 
surplus. duties of customs, the Parliament may provide, on such 

basis as it deems fair, for the monthly payment to the 
several States of all surplus revenue of the Commonwealth. 
Customs duties 95. Notwithstanding anything in this Constitution, the 
Parliament of the State of Western Australia, if that State 
be an Original State, may, during the first five years after 



THE CONSTITUTION OF AUSTRALIA 351 

the imposition of uniform duties of customs, impose duties 
of customs on goods passing into that State and not 
originally imported from beyond the limits of the Common- 
wealth ; and such duties shall be collected by the Common- 
wealth. 

But any duty so imposed on any goods shall not exceed 
during the first of such years the duty chargeable on the 
goods under the law of Western Australia in force at the 
imposition of uniform duties, and shall not exceed during 
the second, third, fourth, and fifth of such years re- 
spectively, four-fifths, three-fifths, two-fifths, and one-fifth 
of such latter duty, and all duties imposed under this 
section shall cease at the expiration of the fifth year after 
the imposition of uniform duties. 

If at any time during the five years the duty on any 
goods under this section is higher than the duty imposed 
by the Commonwealth on the importation of the like goods, 
then such higher duty shall be collected on the goods 
when imported into Western Australia from beyond the 
limits of the Commonwealth. 

96. During a period of ten years after the establishment Financial 
of the Commonwealth and thereafter until the Parliament gj^ nce to 
otherwise provides, the Parliament may grant financial 
assistance to any State on such terms and conditions as 

the Parliament thinks fit. 

97. Until the Parliament otherwise provides, the laws Audit. 
in force in any Colony which has become or becomes a 
State with respect to the receipt of revenue and the 
expenditure of money on account of the Government of the 
Colony, and the review and audit of such receipt and 
expenditure, shall apply to the receipt of revenue and the 
expenditure of money on account of the Commonwealth in 

the State in the same manner as if the Commonwealth, or 
the Government or an officer of the Commonwealth, were 
mentioned whenever the Colony, or the Government or an 
officer of the Colony, is mentioned. 

98. The power of the Parliament to make laws with Trade and com- 
respect to trade and commerce extends to navigation and mer . ce includes 
shipping, and to railways the property of any State. statf raHways. 



352 FEDEKAL AND UNIFIED CONSTITUTIONS 



Common- 
wealth not 
to give pre- 
ference. 



Nor abridge 
right to use 
water. 



Inter-State 
Commission. 



Parliament 
may forbid 
preferences by 
State. 



Commissioners 1 
appointment, 
tenure, and 
remuneration. 



Saving of 
certain rates. 



99. The Commonwealth shall not, by any law or regula- 
tion of trade, commerce, or revenue, give preference to one 
State or any part thereof over another State or any part 
thereof. 

100. The Commonwealth shall not, by any law or 
regulation of trade or commerce, abridge the right of a 
State or of the residents therein to the reasonable use of 
the waters of rivers for conservation or irrigation. 

101. There shall be an Inter-State Commission, with 
such powers of adjudication and administration as the 
Parliament deems necessary for the execution and main- 
tenance, within the Commonwealth, of the provisions of 
this Constitution relating to trade and commerce, and of all 
laws made thereunder. 

102. The Parliament may by any law with respect to 
trade or commerce forbid, as to railways, any preference or 
discrimination by any State, or by any authority constituted 
under a State, if such preference or discrimination is undue 
and unreasonable, or unjust to any State ; due regard being 
had to the financial responsibilities incurred by any State 
in connexion with the construction and maintenance of 
its railways. But no preference or discrimination shall, 
within the meaning of this section, be taken to be undue 
and unreasonable, or unjust to any State, unless so 
adjudged by the Inter-State Commission. 

103. The members of the Inter-State Commission 
(i) Shall be appointed by the Governor-General in 

Council : 

(ii) Shall hold office for seven years, but may be removed 
within that time by the Governor- General in 
Council, on an address from both Houses of the 
Parliament in the same session praying for such 
removal on the ground of proved misbehaviour or 
incapacity : 

(iii) Shall receive such remuneration as the Parliament 
may fix ; but such remuneration shall not be 
diminished during their continuance in office. 

104. Nothing in this Constitution shall render unlawful 
any rate for the carriage of goods upon a railway, the 



THE CONSTITUTION OF AUSTRALIA 353 

property of a State, if the rate is deemed by the Inter- 
state Commission to be necessary for the development of 
the territory of the State, and if the rate applies equally to 
goods within the State and to goods passing into the State 
from other States. 

105. The Parliament may take over from the States Taking over 
their public debts as existing at the establishment of the ^g. debt8 of 
Commonwealth, or a proportion thereof according to the 
respective numbers of their people as shown by the latest 
statistics of the Commonwealth, and may convert, renew, 

or consolidate such debts, or any part thereof ; and the 
States shall indemnify the Commonwealth in respect of 
the debts taken over, and thereafter the interest payable in 
respect of the debts shall be deducted and retained from 
the portions of the surplus revenue of the Commonwealth 
payable to the several States, or if such surplus is in- 
sufficient, or if there is no surplus, then the deficiency or 
the whole amount shall be paid by the several States. 

CHAPTER V. Chap. V. 

The States. 

THE STATES. 

106. The Constitution of each State of the Common- Saving of Con- 
wealth shall, subject to this Constitution, continue as at stitutions. 
the establishment of the Commonwealth, or as at the 
admission or establishment of the State, as the case may 

be, until altered in accordance with the Constitution of the 
State. 

107. Every power of the Parliament of a Colony which Saving of 
has become or becomes a State, shall, unless it is by this 
Constitution exclusively vested in the Parliament of the ments. 
Commonwealth or withdrawn from the Parliament of 

the State, continue as at the establishment of the Common- 
wealth, or as at the admission or establishment of the 
State, as the case may be. 

108. Every law in force in a Colony which has become Saving of 
or becomes a State, and relating to any matter within the state Iaws * 
powers of the Parliament of the Commonwealth, shall, 
subiect to this Constitution, continue in force in the State ; 



354 FEDEBAL AND UNIFIED CONSTITUTIONS 



Inconsistency 
of laws. 



Provisions 
referring to 
Governor. 

States may 

surrender 

territory. 



States may 
levy charges 
tor inspection 



Intoxicating 
liquids. 



States may not 
raise forces. 
Taxation of 
property of 
Common- 
wealth or 
State. 



States not to 
coin money. 

Common- 
wealth not to 
legislate in 
respect of 
rehsion. 



and, until provision is made in that behalf by the Parlia- 
ment of the Commonwealth, the Parliament of the State 
shall have such powers of alteration and of repeal in 
respect of any such law as the Parliament of the Colony 
had until the Colony became a State. 

109. When a law of a State is inconsistent with a law 
of the Commonwealth, the latter shall prevail, and the 
former shall, to the extent of the inconsistency, be invalid. 

110. The provisions of this Constitution relating to the 
Governor of a State extend and apply to the Governor for 
the time being of the State, or other chief executive officer 
or administrator of the government of the State. 

111. The Parliament of a State may surrender any 
part of the State to the Commonwealth ; and upon such sur- 
render, and the acceptance thereof by the Commonwealth, 
such part of the State shall become subject to the exclusive 
jurisdiction of the Commonwealth. 

112. After uniform duties of customs have been im- 
posed, a State may levy on imports or exports, or on goods 
passing into or out of the State, such charges as may be 
necessary for executing the inspection laws of the State ; 
but the net produce of all charges so levied shall be for the 
use of the Commonwealth ; and any such inspection laws 
may be annulled by the Parliament of the Commonwealth. 

113. All fermented, distilled, or other intoxicating 
liquids passing into any State or remaining therein for use, 
consumption, sale, or storage, shall be subject to the laws 
of the State as if such liquids had been produced in the 
State. 

114. A State shall not, without the consent of the 
Parliament of the Commonwealth, raise or maintain any 
naval or military force, or impose any tax on property of 
any kind belonging to the Commonwealth, nor shall the 
Commonwealth impose any tax on property of any kind 
belonging to a State. 

115. A State shall not coin money, nor make anything 
but gold and silver coin a legal tender in payment of debts. 

116. The Commonwealth shall not make any law for 
establishing any religion, or for imposing any religious ob- 



THE CONSTITUTION OF AUSTBALIA 355 

servance,\or for prohibiting the free exercise of any religion, 
and no religious test shall be required as a qualification 
for any office or public trust under the Commonwealth. 

117. A subject of the Queen, resident in any State, Rights of 
shall not be subject in any other State to any disability or g^g Dts in 
discrimination which would not be equally applicable to 

him if he were a subject of the Queen resident in such 
other State. 

118. Full faith and credit shall be given, throughout Recognition of 
the Commonwealth to the laws, the public Acts and records, g^ t s e ' g &c ' of 
and the judicial proceedings of every State. 

119. The Commonwealth shall protect every State Protection of 
against invasion and, on the application of the Executive fnvasioiiaM 
Government of the State, against domestic violence. violence. 

120. Every State shall make provision for the detention Custody of 
in its prisons of persons accused or convicted of offences offend ers 
against the laws of the Commonwealth, and for the punish- the Common- 
ment of persons convicted of such offences, and the Parlia- wealth - 
ment of the Commonwealth may make laws to give effect 

to this provision. 

CHAPTER VI. Chap. VI. 

New States. 

NEW STATES. 

121. The Parliament may admit to the Commonwealth New States 
or establish new States, and may upon such admission or ^f t ^ e r d " 
establishment make or impose such terms and conditions, established, 
including the extent of representation in either House of 

the Parliament, as it thinks fit. 

122. The Parliament may make laws for the govern- Government of 
ment of any territory surrendered by any State to and ac- 

cepted by the Commonwealth, or of any territory placed 
by the Queen under the authority of and accepted by the 
Commonwealth, or otherwise acquired by the Common- 
wealth, and may allow the representation of such territory 
in either House of the Parliament to the extent and on 
the terms which it thinks fit. 

123. The Parliament of the Commonwealth may, with Alteration of 
the consent of the Parliament of a State, and the approval 



356 FEDEEAL AND UNIFIED CONSTITUTIONS 



Formation of 
new States. 



of the majority of the electors of the State voting upon the 
question, increase, diminish, or otherwise alter the limits 
of the State, upon such terms and conditions as may be 
agreed on, and may, with the like consent, make provision 
respecting the effect and operation of any increase or 
diminution or alteration of territory in relation to any 
State affected. 

124. A new State may be formed by separation of 
territory from a State, but only with the consent of the 
Parliament thereof, and a new State may be formed by the 
union of two or more States or parts of States, but only 
with the consent of the Parliaments of the States affected. 



Chap. VII. 
Miscellaneous. 



Seat of 
Government. 



Power to Her 
Majesty to 
authorize 
Governor- 
General to 
appoint 
deputies. 



CHAPTER VII. 

MISCELLANEOUS. 

125. The seat of Government of the Commonwealth 
shall be determined by the Parliament, and shall be within 
territory which shall have been granted to or acquired by 
the Commonwealth, and shall be vested in and belong to 
the Commonwealth, and shall be in the State of New South 
Wales, and be distant not less than one hundred miles from 
Sydney. 

Such territory shall contain an area of not less than 
one hundred square miles, and such portion thereof as 
shall consist of Crown lands shall be granted to the 
Commonwealth without any payment therefor. 

The Parliament shall sit at Melbourne until it meet at 
the seat of Government. 

126. The Queen may authorize the Governor-General 
to appoint any person, or any persons jointly or severally, 
to be his deputy or deputies within any part of the 
Commonwealth, and in that capacity to exercise during 
the pleasure of the Governor-General such powers and 
functions of the Governor- General as he thinks fit to as- 
sign to such deputy or deputies, subject to any limitations 
expressed or directions given by the Queen ; but the ap- 
pointment of such deputy or deputies shall not affect the 



THE CONSTITUTION OF AUSTKALIA 357 

exercise by the Governor- General himself of any power or 
function. 

127. In reckoning the numbers of the people of the Aborigines not 
Commonwealth, or of a State or other part of the Common- * reekoiting 1 
wealth, aboriginal natives shall not be counted. population. 



CHAPTER VIII. Chap. VIII. 

Alteration 

ALTERATION OF THE CONSTITUTION. S l U l n ' 

128. This Constitution shall not be altered except in Mode of 
the following manner:- ' 

The proposed law for the alteration thereof must be 
passed by an absolute majority of each House of the 
Parliament, and not less than two or more than six months 
after its passage through both Houses the proposed law 
shall be submitted in each State to the electors qualified to 
vote for the election of members of the House of Bepre- 
sentatives. 

But if either House passes any such proposed law by 
an absolute majority, and the other House rejects or fails 
to pass it or passes it with any amendment to which the 
first-mentioned House will not agree, and if after an in- 
terval of three months the first-mentioned House in the 
same or the next session again passes the proposed law 
by an absolute majority with or without any amendment 
which has been made or agreed to by the other House, 
and such other House rejects or fails to pass it or passes it 
with any amendment to which the first-mentioned House 
will not agree, the Governor-General may submit the pro- 
posed law as last proposed by the first-mentioned House, 
and either with or without any amendments subsequently 
agreed to by both Houses, to the electors in each State 
qualified to vote for the election of the House of Eepre- 
sentatives. 

When a proposed law is submitted to the electors the 
vote shall be taken in such manner as the Parliament pre- 
scribes. But until the qualification of electors of members 



358 FEDERAL ANDI-UNIFIED CONSTITUTIONS 

of the House of Representatives becomes uniform through- 
out the Commonwealth, only one-half the electors voting 
for and against the proposed law shall be counted in any 
State in which adult suffrage prevails. 

And if in a majority of the States a majority of the 
electors voting approve the proposed law, and if a majority 
of all the electors voting also approve the proposed law, 
it shall be presented to the Governor-General for the 
Queen's assent. 

No alteration diminishing the proportionate repre- 
sentation of any State in either House of Parliament, or 
the minimum number of representatives of a State in 
the House of Representatives, or increasing, diminishing, 
or otherwise altering the limits of the State, or in any 
manner affecting the provisions of the Constitution in 
relation thereto, shall become law unless the majority of 
the electors voting in that State approve the proposed 
law. 

SCHEDULE. 
OATH. 

I, A.B., do swear that I will be faithful and bear true 
allegiance to Her Majesty Queen Victoria, Her heirs and 
successors according to law. So HELP ME GOD ! 



AFFIRMATION. 

I, A.B., do solemnly and sincerely affirm and declare 
that I will be faithful and bear true allegiance to Her 
Majesty Queen Victoria, Her heirs and successors accord- 
ing to law. 

(NOTE. The name of the King or Queen of the United 
Kingdom of Great Britain and Ireland for the time being is 
to be substituted from time to time.) 



THE CONSTITUTION OF SOUTH AFBICA 359 

ACT OF PAKLIAMENT ESTABLISHING THE 
CONSTITUTION OF THE UNION OF SOUTH 
AFEICA. 20 SEPTEMBER, 1909. 

[9 Edw. VII. Cap. 9, "Law Reports : Public General Statutes, ' 
vol. 47 (1909), pp. 42-77.] 

An Act to constitute the Union of South Africa. 

[20th September, 1909.] 

WHEREAS it is desirable for the welfare and future pro- 
gress of South Africa that the several British Colonies 
therein should be united under one Government in a 
legislative union under the Crown of Great Britain and 
Ireland : 

And whereas it is expedient to make provision for the 
union of the Colonies of the Cape of Good Hope, Natal, 
the Transvaal, and the Orange River Colony on terms 
and conditions to which they have agreed by resolution 
of their respective Parliaments, and to define the executive, 
legislative, and judicial powers to be exercised in the 
government of the Union : 

And whereas it is expedient to make provision for the 
establishment of provinces with powers of legislation and 
administration in local matters and in such other matters 
as may be specially reserved for provincial legislation and 
administration : 

And whereas it is expedient to provide for the eventual 
admission into the Union or transfer to the Union of such 
parts of South Africa as are not originally included 
therein : 

Be it therefore enacted by the King's Most Excellent 
Majesty, by and with the advice and consent of the Lords 
Spiritual and Temporal, and Commons, in this present 
Parliament assembled, and by the authority of the same, 
as follows : 

I. PBELIMINARY. Short title. 

1. This Act may be cited as the South Africa Act, 
1909. 



360 FEDEEAL AND UNIFIED CONSTITUTIONS 



Definitions. 



Application of 
Act to King's 
successors. 



2. In this Act, unless it is otherwise expressed or im- 
plied, the words "the Union" shall be taken to mean the 
Union of South Africa as constituted under this Act, and 
the words "Houses of Parliament," "House of Parlia- 
ment," or " Parliament," shall be taken to mean the 
Parliament of the Union. 

3. The provisions of this Act referring to the King 
shall extend to His Majesty's heirs and successors in the 
sovereignty of the United Kingdom of Great Britain and 
Ireland. 



Proclamation 
of Union. 



Commence- 
ment of Act. 



Incorporation 
of colonies into 
the Union. 



Application of 
58 & 59 Viet, 
c. 34, &c. 



II. THE UNION. 

4. It shall be lawful for the King, with the advice of 
the Privy Council, to declare by proclamation that, on and 
after a day therein appointed, not being later than one 
year after the passing of this Act, the Colonies of the 
Cape of Good Hope, Natal, the Transvaal, and the Orange 
Eiver Colony, hereinafter called the Colonies, shall be 
united in a Legislative Union under one Government 
under the name of the Union of South Africa. On and 
after the day appointed by such proclamation the Govern- 
ment and Parliament of the Union shall have full power 
and authority within the limits of the Colonies, but the 
King may at any time after the proclamation appoint a 
governor-general for the Union. 

5. The provisions of this Act shall, unless it is other- 
wise expressed or implied, take effect on and after the day 
so appointed. 

6. The colonies mentioned in section four shall become 
original provinces of the Union under the names of Cape 
of Good Hope, Natal, Transvaal, and Orange Free State, 
as the case may be. The original provinces shall have 
the same limits as the respective colonies at the establish- 
ment of the Union. 

7. Upon any colony entering the Union, the Colonial 
Boundaries Act, 1895, and every other Act applying to 
any of the Colonies as being self-governing colonies or 
colonies with responsible government, shall cease to apply 
to that colony, but as from the date when this Act takes 



THE CONSTITUTION OF SOUTH AFRICA 361 

effect every such Act of Parliament shall apply to the 
Union. 

III. EXECUTIVE GOVERNMENT. 

8. The Executive Government of the Union is vested Executive 
in the King, and shall be administered by His Majesty in P wer - 
person or by a governor- general as His representative. 

9. The Governor- General shall be appointed by the Governor- 
King, and shall have and may exercise in the Union General * 
during the King's pleasure, but subject to this Act, such 
powers and functions of the King as His Majesty may be 
pleased to assign to him. 

10. There shall be payable to the King out of the Con- Salary of 
solidated Kevenue Fund of the Union for the salary of the ^eraJ*" 
Governor-General an annual sum of ten thousand pounds. 

The salary of the Governor-General shall not be altered 
during his continuance in office. 

11. The provisions of this Act relating to the Governor- Application of 
General extend and apply to the Governor-General for the Qovernor- 
time being or such person as the King may appoint to General, 
administer the government of the Union. The King may 
authorise the Governor- General to appoint any person to 

be his deputy within the Union during his temporary 
absence, and in that capacity to exercise for and on behalf 
of the Governor- General during such absence all such 
powers and authorities vested in the Governor- General as 
the Governor-General may assign to him, subject to any 
limitations expressed or directions given by the King ; but 
the appointment of such deputy shall not affect the exer- 
cise by the Governor-General himself of any power or 
function. 

12. There shall be an Executive Council to advise the Executive 
Governor- General in the government of the Union, and c uncil - 
the members of the council shall be chosen and summoned 

by the Governor-General and sworn as executive council- 
lors, and shall hold office during his pleasure. 

13. The provisions of this Act referring to the Gov- Meaning of 
er nor- General in Council shall be construed as referring 3^ 
to the Governor-General acting with the advice of the council. 
Executive Council. 



362 FEDEKAL AND UNIFIED CONSTITUTIONS 



Appointment 
of ministers, 



Appointment 



Transfer of 

8 owers\o 
Governor- 
General in 



Command of 



Seat of Govern- 
ment. 



Legislative 
power. 



14. The Governor- General may appoint officers not 
exceeding ten in number to administer such departments 
of State of the Union as the Governor- General in Council 
may establish ; such officers shall hold office during the 
pleasure of the Governor- General. They shall be mem- 
bers of the Executive Council and shall be the King's 
ministers of State for the Union. After the first general 
election of members of the House of Assembly, as herein- 
after provided, no minister shall hold office for a longer 
period than three months unless he is or becomes a mem- 
ber of either House of Parliament. 

15. The appointment and removal of all officers of 
pu bli c service of the Union shall be vested in the 

Governor- General in Council, unless the appointment is 
delegated by the Governor- General in Council or by 
this Act or by a law of Parliament to some other 
authority. 

16. All powers, authorities, and functions which at 
^ e es * a Wi s ^ men * ^ ^ ne Union are in any of the Colonies 
vested in the Governor or in the Governor in Council, or 
j n anv authority of the Colony, shall, as far as the same 
continue in existence and are capable of being exercised 
after the establishment of the Union, be vested in the 
Governor- General or in the Governor- General in Council, 
or in the authority exercising similar powers under the 
Union, as the case may be, except such powers and func- 
tions as are by this Act or may by a law of Parliament be 
vested in some other authority. 

17. The command in chief of the naval and military 
^ orces w i tnm tne Union is vested in the King or in the 
Governor-General as His representative. 

18. Save as in section twenty-three excepted, Pretoria 
shall be the seat of Government of the Union. 

IV. PAKLIAMENT. 

19. The legislative power of the Union shall be vested 
j n jjjjQ Parliament of the Union, herein called Parliament, 
which shall consist of the King, a Senate, and a House of 
Assemblv. 



THE CONSTITUTION; OF SOUTH AFEICA 363 

20. The Governor- General may appoint such times Sessions of 
for holding the sessions of Parliament as he thinks fit, and Parliament ' 
may also from time to time, by proclamation or otherwise, 
prorogue Parliament, and may in like manner dissolve the 
Senate and the House of Assembly simultaneously, or the 
House of Assembly alone : provided that the Senate shall 

not be dissolved within a period of ten years after the 
establishment of the Union, and provided further that the 
dissolution of the Senate shall not affect any senators 
nominated by the Governor-General in Council. 

21. Parliament shall be summoned to meet not later Summoning of 
than six months after the establishment of the Union. ment^ 11 *" 

22. There shall be a session of Parliament once at Annual session 
least in every year, so that a period of twelve months of Parhamentp 
shall not intervene between the last sitting of Parliament 

in one session and its first sitting in the next session. 

23. Cape Town shall be the seat of the Legislature of Seat of Legis- 
the Union. lature - 

Senate. 

24. For ten years after the establishment of the Union Original 
the constitution of the Senate shall, in respect of 

original provinces, be as follows : 

(i) Eight senators shall be nominated by the Governor- 
General in Council, and for each original province 
eight senators shall be elected in the manner 
hereinafter provided : 

(ii) The senators to be nominated by the Governor- 
General in Council shall hold their seats for ten 
years. One-half of their number shall be selected 
on the ground mainly of their thorough acquain- 
tance, by reason of their official experience or 
otherwise, with the reasonable wants and wishes 
of the coloured races in South Africa. If the seat 
of a senator so nominated shall become vacant, 
the Governor- General in Council shall nominate 
another person to be a senator, who shall hold 
his seat for ten years : 

(iii) After the passing of this Act, and before the day 
appointed for the establishment of the Union, the 



364 FEDERAL AND UNIFIED CONSTITUTIONS 

Governor of each of the Colonies shall summon 
a special sitting of both Houses of the Legislature, 
and the two Houses sitting together as one body 
and presided over by the Speaker of the Legis- 
lative Assembly shall elect eight persons to be 
senators for the province. Such senators shall 
hold their seats for ten years. If the seat of a 
senator so elected shall become vacant, the pro- 
vincial council of the province for which such 
senator has been elected shall choose a person to 
hold the seat until the completion of the period 
for which the person in whose stead he is elected 
would have held his seat. 

Subsequent 25. Parliament may provide for the manner in which 

Senate Uti U f fche Senate sha11 be constituted after the expiration of ten 
years, and unless and until such provision shall have been 
made 

(i) the provisions of the last preceding section with 
regard to nominated senators shall continue to 
have effect ; 

(ii) eight senators for each province shall be elected by 
the members of the provincial council of such 
province together with the members of the House 
of Assembly elected for such province. Such 
senators shall hold their seats for ten years unless 
the Senate be sooner dissolved. If the seat of an 
elected senator shall become vacant, the members 
of the provincial council of the province, together 
with the members of the House of Assembly 
elected for such province, shall choose a person 
to hold the seat until the completion of the period 
for which the person in whose stead he is elected 
would have held his seat. The Governor- General 
in Council shall make regulations for the joint 
election of senators prescribed in this section. 

Qualifications 26. The qualifications of a senator shall be as follows : 

of senators. He must 

(a) be not less than thirty years of age ; 

(b) be qualified to be registered as a voter for the election 



THE CONSTITUTION OF SOUTH AFBICA 365 

of members of the House of Assembly in one of 
the provinces ; 

(c) have resided for five years within the limits of the 

Union as existing at the time when he is elected 
or nominated, as the case may be ; 

(d) be a British subject of European descent ; 

(e) in the case of an elected senator, be the registered 

owner of immovable property within the Union of 
the value of not less than five hundred pounds 
over and above any special mortgages thereon. 
For the purposes of this section, residence in, and pro- 
perty situated within, a colony before its incorporation in 
the Union shall be treated as residence in and property 
situated within the Union. 

27. The Senate shall, before proceeding to the dispatch Appointment 
of any other business, choose a senator to be the President ^J^ ure ot 
of the Senate, and as often as the office of President be- President 
comes vacant the Senate shall again choose a senator to 

be the President. The President shall cease to hold office 
if he ceases to be a senator. He may be removed from 
office by a vote of the Senate, or he may resign his office 
by writing under his hand addressed to the Governor- 
General. 

28. Prior to or during any absence of the President Deputy 
the Senate may choose a senator to perform his duties in President, 
his absence. 

29. A senator may, by writing under his hand addressed Resignation of 
to the Governor-General, resign his seat, which thereupon senators - 
shall become vacant. The Governor- General shall as soon 

as practicable cause steps to be taken to have the vacancy 
filled. 

30. The presence of at least twelve senators shall be Quorum, 
necessary to constitute a meeting of the Senate for the 
exercise of its powers. 

31. All questions in the Senate shall be determined by Voting in the 
a majority of votes of senators present other than the Senate * 
President or the presiding senator, who shall, however, 

have and exercise a casting vote in the case of an equality 
of votes. 



366 FEDEEAL AND UNIFIED CONSTITUTIONS 



House of Assembly. 

Constitution of 32. The House of Assembly shall be composed of 
House of members directly chosen by the voters of the Union in 

electoral divisions delimited as hereinafter provided. 

33. The number of members to be elected in the 

original provinces at the first election and until the number 

is altered in accordance with the provisions of this Act 

shall be as follows : 



Assembly. 

Original 
number of 
members. 



Increase of 
number of 
members. 



Gape of Good Hope 

Natal 

Transvaal 

Orange Free State . 



Fifty-one. 
Seventeen. 
Thirty-six. 
Seventeen. 



These numbers may be increased as provided in the next 
succeeding section, but shall not, in the case of any 
original province, be diminished until the total number of 
members of the House of Assembly in respect of the pro- 
vinces herein provided for reaches one hundred and fifty, 
or until a period of ten years has elapsed after the estab- 
lishment of the Union, whichever is the longer period. 

34. The number of members to be elected in each 
province, as provided in section thirty-three, shall be in- 
creased from time to time as may be necessary in accord- 
ance with the following provisions : 

(i) The quota of the Union shall be obtained by divid- 
ing the total number of European male adults in 
the Union, as ascertained at the census of nine- 
teen hundred and four, by the total number of 
members of the House of Assembly as constituted 
at the establishment of the Union : 
(ii) In nineteen hundred and eleven, and every five 
years thereafter, a census of the European popula- 
tion of the Union shall be taken for the purposes 
of this Act : 

(iii) After any such census the number of European 
male adults in each province shall be compared 
with the number of European male adults as 
ascertained at the census of nineteen hundred and 
four, and, in the case of any province where an 



THE CONSTITUTION OF SOUTH AFEICA 367 

increase is shown, as compared with the census 
of nineteen hundred and four, equal to the quota 
of the Union or any multiple thereof, the number 
of members allotted to such province in the last 
preceding section shall be increased by an ad- 
ditional member or an additional number of 
members equal to such multiple, as the case may 
be: 

(iv) Notwithstanding anything herein contained, no 
additional member shall be allotted to any pro- 
vince until the total number of European male 
adults in such province exceeds the quota of the 
Union multiplied by the number of members 
allotted to such province for the time being, 
and thereupon additional members shall be al- 
lotted to such province in respect only of such 
excess : 

(v) As soon as the number of members of the House 
of Assembly to be elected in the original provinces 
in accordance with the preceding subsections 
reaches the total of one hundred and fifty, such 
total shall not be further increased unless and 
until Parliament otherwise provides ; and subject 
to the provisions of the last preceding section 
the distribution of members among the provinces 
shall be such that the proportion between the 
number of members to be elected at any time in 
each province and the number of European male 
adults in such province, as ascertained at the last 
preceding census, shall as far as possible be identi- 
cal throughout the Union : 

(vi) " Male adults " in this Act shall be taken to mean 
males of twenty-one years of age or upwards not 
being members of His Majesty's regular forces on 
full pay : 

(vii) For the purpose of this Act the number of Euro- 
pean male adults, as ascertained at the census 
of nineteen hundred and four, shall be taken to 
be 



368 FEDEKAL AND UNIFIED CONSTITUTIONS 

For the Cape of Good Hope . . 167,546 

For Natal 34,784 

For the Transvaal .... 106,493 

For the Orange Free State . . . 41,014 

Qualifications 35. (1) Parliament may by law prescribe the quali- 
ot voters. fixations which shall be necessary to entitle persons to 
vote at the election of members of the House of Assembly 
but no such law shall disqualify any person in the pro- 
vince of the Cape of Good Hope, who, under the laws 
existing in the Colony of the Cape of Good Hope at the 
establishment of the Union, is or may become capable of 
being registered as a voter from being so registered in the 
province of the Cape of Good Hope by reason of his race 
or colour only, unless the Bill be passed by both Houses 
of Parliament sitting together, and at the third reading be 
agreed to by not less than two-thirds of the total number 
of members of both Houses. A Bill so passed at such joint 
sitting shall be taken to have been duly passed by both 
Houses of Parliament. 

(2) No person who at the passing of any such law is 
registered as a voter in any province shall be removed 
from the register by reason only of any disqualification 
based on race or colour. 

Application of 36. Subject to the provisions of the last preceding 

existing quali- section, the qualifications of parliamentary voters, as 

ca ions. existing in the several Colonies at the establishment of 

the Union, shall be the qualifications necessary to entitle 

persons in the corresponding provinces to vote for the 

election of members of the House of Assembly : Provided 

that no member of His Majesty's regular forces on full 

pay shall be entitled to be registered as a voter. 

Elections. 37. (1) Subject to the provisions of this Act, the laws 

in force in the Colonies at the establishment of the Union 
relating to elections for the more numerous Houses of 
Parliament in such Colonies respectively, the registration 
of voters, the oaths or declarations to be taken by voters, 
returning officers, the powers and duties of such officers, 
the proceedings in connection with elections, election 
expenses, corrupt and illegal practices, the hearing of 



THE CONSTITUTION OF SOUTH AFBICA 369 

election petitions and the proceedings incident thereto, the 
vacating of seats of members, and the proceedings necessary 
for filling such vacancies, shall, mutatis mutandis, apply 
to the elections in the respective provinces of members of 
the House of Assembly. 

(2) Notwithstanding anything to the contrary in any 
of the said laws contained, at any general election of 
members of the House of Assembly, all polls shall be 
taken on one and the same day in all the electoral 
divisions throughout the Union, such day to be appointed 
by the Governor- General in Council. 

38. Between the date of the passing of this Act and Commission 
the date fixed for the establishment of the Union, the 
Governor in Council of each of the Colonies shall nominate divisions, 
a judge of any of the Supreme or High Courts of the 
Colonies, and the judges so nominated shall, upon accept- 
ance by them respectively of such nomination, form a 
joint commission, without any further appointment, for 
the purpose of the first division of the provinces into 
electoral divisions. The High Commissioner of South 
Africa shall forthwith convene a meeting of such commis- 
sion at such time and place in one of the Colonies as he 
shall fix and determine. At such meeting the Commis- 
sioners shall elect one of their number as chairman of 
such commission. They shall thereupon proceed with 
the discharge of their duties under this Act, and may 
appoint persons in any province to assist them or to act 
as assessors to the commission or with individual members 
thereof for the purpose of inquiring into matters connected 
with the duties of the commission. The commission may 
regulate their own procedure and may act by a majority of 
their number. All moneys required for the payment of 
the expenses of such commission before the establishment 
of the Union in any of the Colonies shall be provided by 
the Governor in Council of such colony. In case of the 
death, resignation, or other disability of any of the Com- 
missioners before the establishment of the Union, the 
Governor in Council of the Colony in respect of which he 
was nominated shall forthwith nominate another judge to 

24 



370 FEDEBAL AND UNIFIED CONSTITUTIONS 



Electoral 
divisions. 

Method of 
dividing pro- 
vinces into 
electoral 
divisions. 



Alteration of 

electoral 

divisions. 



fill the vacancy. After the establishment of the Union 
the expenses of the commission shall be defrayed by the 
Governor- General in Council, and any vacancies shall be 
filled by him. 

39. The commission shall divide each province into 
electoral divisions, each returning one member. 

40. (1) For the purpose of such division as is in the 
last preceding section mentioned, the quota of each pro- 
vince shall be obtained by dividing the total number of 
voters in the province, as ascertained at the last registra- 
tion of voters, by the number of members of the House of 
Assembly to be elected therein. 

(2) Each province shall be divided into electoral 
divisions in such a manner that each such division shall, 
subject to the provisions of subsection (3) of this section, 
contain a number of voters, as nearly as may be, equal to 
the quota of the province. 

(3) The Commissioners shall give due consideration 
to 

(a) community or diversity of interests ; 

(b) means of communication ; 

(c) physical features; 

(d) existing electoral boundaries ; 

(e) sparsity or density of population ; 

in such manner that, while taking the quota of voters as 
the basis of division, the Commissioners may, whenever 
they deem it necessary, depart therefrom, but in no case 
to any greater extent than fifteen per centum more or 
fifteen per centum less than the quota. 

41. As soon as may be after every quinquennial census, 
the Governor-General in Council shall appoint a commis- 
sion consisting of three judges of the Supreme Court 
of South Africa to carry out any re-division which may 
have become necessary as between the different electoral 
divisions in each province, and to provide for the alloca- 
tion of the number of members to which such province 
may have become entitled under the provisions of this 
Act. In carrying out such re-division and allocation the 
commission shall have the same powers and proceed upon 



THE CONSTITUTION OF SOUTH AFKICA 371 

the same principles as are by this Act provided in regard 
to the original division. 

42. (1) The joint commission constituted under section Powers and 
thirty-eight, and any subsequent commission appointed commission 
under the provisions of the last preceding section, shall for delimit- 
submit to the Governor- General in Council Sfisions 018 " 1 

(a) a list of electoral divisions, with the names given 

to them by the commission and a description of 
the boundaries of every such division : 

(b) a map or maps showing the electoral divisions into 

which the provinces have been divided : 

(c) such further particulars as they consider necessary. 

(2) The Governor-General in Council may refer to the 
commission for its consideration any matter relating to 
such list or arising out of the powers or duties of the 
commission. 

(3) The Governor-General in Council shall proclaim 
the names and boundaries of the electoral divisions as 
finally settled and certified by the commission, or a 
majority thereof, and thereafter, until there shall be a re- 
division, the electoral divisions as named and defined shall 
be the electoral divisions of the Union in the provinces. 

(4) If any discrepancy shall arise between the descrip- 
tion of the divisions and the aforesaid map or maps, the 
description shall prevail. 

43. Any alteration in the number of members of the Date from 
House of Assembly to be elected in the several provinces, Jfo^Qf^g" 
and any re-division of the provinces into electoral divisions, toral divisions 
shall, in respect of the election of members of the House to take effect - 
of Assembly, come into operation at the next general 
election held after the completion of the re-division or of 
any allocation consequent upon such alteration, and not 
earlier. 

44* The qualifications of a member of the House of Qualifications 
Assembly shall be as follows : HousTo^ 8 f 

He must Assembly. 

(a) be qualified to be registered as a voter for the 
election of members of the House of Assembly in 
one of the provinces ; 

24* 



372 FEDBBAL AND UNIFIED CONSTITUTIONS 



Duration. 



Appointment 
and tenure of 
office of 
Speaker. 



Deputy 
Speaker. 



Resignation of 
members. 



Quorum. 



Voting in 
House of 
Assembly. 



Oath or affir- 
mation of 
allegiance. 



(b) have resided for five years within the limits of the 

Union as existing at the time when he is elected ; 

(c) be a British subject of European descent. 

For the purposes of this section, residence in a colony 
before its incorporation in the Union shall be treated as 
residence in the Union. 

45. Every House of Assembly shall continue for five 
years from the first meeting thereof, and no longer, but 
may be sooner dissolved by the Governor- General. 

46. The House of Assembly shall, before proceeding 
to the despatch of any other business, choose a member to 
be the Speaker of the House, and, as often as the office 
of Speaker becomes vacant, the House shall again choose 
a member to be the Speaker. The Speaker shall cease to 
hold his office if he ceases to be a member. He may be 
removed from office by a vote of the House, or he may 
resign his office or his seat by writing under his hand 
addressed to the Governor- General. 

47. Prior to or during the absence of the Speaker, the 
House of Assembly may choose a member to perform his 
duties in his absence. 

48. A member may, by writing under his hand ad- 
dressed to the Speaker, or, if there is no Speaker, or if 
the Speaker is absent from the Union, to the Governor- 
General, resign his seat, which shall thereupon become 
vacant. 

49. The presence of at least thirty members of the 
House of Assembly shall be necessary to constitute a 
meeting of the House for the exercise of its powers. 

50. All questions in the House of Assembly shall be 
determined by a majority of votes of members present 
other than the Speaker or the presiding member, who 
shall, however, have and exercise a casting vote in the 
case of an equality of votes. 

Both Houses of Parliament. 

51. Every senator and every member of the House of 
Assembly shall, before taking his seat, make and subscribe 
before the Governor-General, or some person authorized 



THE CONSTITUTION OF SOUTH AFEICA 373 

by him, an oath or affirmation of allegiance in the follow- 
ing form : 

Oath. 

I, A.B., do swear that I will be faithful and bear true 
allegiance to His Majesty [here insert the name of 
the King or Queen of the United Kingdom of 
Great Britain and Ireland for the time being] His 
[or Her] heirs and successors according to law. 
So help me God. 

Affirmation. 

I, A.B., do solemnly and sincerely affirm and declare 
that I will be faithful and bear true allegiance to 
His Majesty [here insert the name of the King or 
Queen of the United Kingdom of Great Britain and 
Ireland for the time being} His [or Her] heirs and 
successors according to law. 

52. A member of either House of Parliament shall be Member of 
incapable of being chosen or of sitting as a member of the |** h ^vmeTfo 
other House : Provided that every minister of State who being member 
is a member of either House of Parliament shall have the jj ^ other 
right to sit and speak in the Senate and the House of 
Assembly, but shall vote only in the House of which he is 

a member. 

53. No person shall be capable of being chosen or of Disqualifiea- 
sitting as a senator or as a member of the House of ^ember 6 ^ 
Assembly who either House. 

(a) has been at any time convicted of any crime or 

offence for which he shall have been sentenced to 
imprisonment without the option of a fine for a 
term of not less than twelve months, unless he 
shall have received a grant of amnesty or a 
free pardon, or unless such imprisonment shall 
have expired at least five years before the date of 
his election ; or 

(b) is an unrehabilitated insolvent ; or 

(c) is of unsound mind, and has been so declared by a 

competent court ; or 



374 FEDBEAL AND UNIFIED CONSTITUTIONS 



Vacation of 
seats. 



Penalty for 
sitting or 
voting when 
disqualified. 



Allowances of 
members. 



(d) holds any office of profit under the Crown within 
the Union : Provided that the following persons 
shall not be deemed to hold an office of profit 
under the Crown for the purposes of this sub- 
section : 

(1) a minister of State for the Union ; 

(2) a person in receipt of a pension from the 

Crown ; ; . 

(3) an officer or member of His Majesty's naval 

or military forces on retired or half pay, or 
an officer or member of the naval or military 
forces of the Union whose services are not 
wholly employed by the Union. 

54- If a senator or member of the House of As- 
sembly 

(a) becomes subject to any of the disabilities men- 

tioned in the last preceding section ; or 

(b) ceases to be qualified as required by law ; or 

(c) fails for a whole ordinary session to attend without 

the special leave of the Senate or the House of 
Assembly, as the case may be ; 
his seat shall thereupon become vacant. 

55. If a^y person who is by law incapable of sitting 
as a senator or member of the House of Assembly shall, 
while so disqualified and knowing or having reasonable 
grounds for knowing that he is so disqualified, sit or vote 
as a member of the Senate or the House of Assembly, he 
shall be liable to a penalty of one hundred pounds for each 
day on which he shall so sit or vote, to be recovered on 
behalf of the Treasury of the Union by action in any 
Superior Court of the Union. 

56. Each senator and each member of the House of 
Assembly shall, under rules as shall be framed by Parlia- 
ment, receive an allowance of four hundred pounds a year, 
to be reckoned from the date on which he takes his seat : 
Provided that for every day of the session on which he is 
absent there shall be deducted from such allowance the 
sum of three pounds : Provided further that no such 
allowance shall be paid to a Minister receiving a salary 



THE CONSTITUTION OF SOUTH AFEICA 375 

under the Crown or to the President of the Senate or the 
Speaker of the House of Assembly. A day of the session 
shall mean in respect of a member any day during a 
session on which the House of which he is a member or 
any committee of which he is a member meets. 

57. The powers, privileges, and immunities of the Privileges of 
Senate and of the House of Assembly and of the members 

and committees of each House shall, subject to the pro- 
visions of this Act, be such as are declared by Parliament, 
and until declared shall be those of the House of Assembly 
of the Cape of Good Hope and of its members and com- 
mittees at the establishment of the Union. 

58. Bach House of Parliament may make rules and Rules of 
orders with respect to the order and conduct of its business proce ^ 
and proceedings. Until such rules and orders shall have 

been made the rules and orders of the Legislative Council 
and House of Assembly of the Cape of Good Hope at the 
establishment of the Union shall mutatis mutandis apply 
to the Senate and House of Assembly respectively. If a 
joint sitting of both Houses of Parliament is required 
under the provisions of this Act, it shall be convened by 
the Governor- General by message to both Houses. At 
any such joint sitting the Speaker of the House of 
Assembly shall preside and the rules of the House of 
Assembly shall, as far as practicable, apply. 



Powers of Parliament. 

59. Parliament shall have full power to make laws for Powers of 
the peace, order, and good government of the Union. Parliament. 

60. (1) Bills appropriating revenue or moneys or im- Money Bills, 
posing taxation shall originate only in the House of 
Assembly. But a Bill shall not be taken to appropriate 
revenue or moneys or to impose taxation by reason only 
of its containing provisions for the imposition or appropria- 
tion of fines or other pecuniary penalties. 

(2) The Senate may not amend any Bills so far as they 
impose taxation or appropriate revenue or moneys for the 
services of the Government. 



376 FBDEEAL AND UNIFIED CONSTITUTIONS 

(3) The Senate may not amend any Bill so as to in- 
crease any proposed charges or burden on the people. 
Appropriation 61. Any Bill which appropriates revenue or moneys for 
Bllls - the ordinary annual services of the Government shall deal 

only with such appropriation. 

Recommenda- 62. The House of Assembly shall not originate or pass 
votes f money anv vote > resolution, address, or Bill for the appropriation 
of any part of the public revenue or of any tax or impost 
to any purpose unless such appropriation has been recom- 
mended by message from the Governor-General during the 
Session in which such vote, resolution, address, or Bill is 
proposed. 

Disagreements 63. If the House of Assembly passes any Bill and the 
two W Houses Senate rejects or fails to pass it or passes it with amend- 
ments to which the House of Assembly will not agree, and 
if the House of Assembly in the next session again passes 
the Bill with or without any amendments which have been 
made or agreed to by the Senate and the Senate rejects or 
fails to pass it or passes it with amendments to which the 
House of Assembly will not agree, the Governor- General 
may during that session convene a joint sitting of the 
members of the Senate and House of Assembly. The 
members present at any such joint sitting may deliberate 
and shall vote together upon the Bill as last proposed by 
the House of Assembly and upon amendments, if any, 
which have been made therein by one House of Parliament 
and not agreed to by the other ; and any such amend- 
ments which are affirmed by a majority of the total 
number of members of the Senate and House of Assembly 
present at such sitting shall be taken to have been carried, 
and if the Bill with the amendments, if any, is affirmed by 
a majority of the members of the Senate and House of 
Assembly present at such sitting, it shall be taken to have 
been duly passed by both Houses of Parliament : Provided 
that, if the Senate shall reject or fail to pass any Bill 
dealing with the appropriation of revenue or moneys for 
the public service, such joint sitting may be convened 
during the same session in which the Senate so rejects or 
fails to pass such Bill. 



THE CONSTITUTION OF SOUTH AFRICA 377 

64. When a Bill is presented to the Governor-General Royal Assent 
for the King's Assent, he shall declare according to his 10 kills, 
discretion, but subject to the provisions of this Act, and 

to such instructions as may from time to time be given 
in that behalf by the King, that he assents in the King's 
name, or that he withholds assent, or that he reserves the 
Bill for the signification of the King's pleasure. All Bills 
repealing or amending this section or any of the provisions 
of Chapter IV. under the heading "House of Assembly," 
and all Bills abolishing provincial councils or abridging 
the powers conferred on provincial councils under section 
eighty-five, otherwise than in accordance with the pro- 
visions of that section, shall be so reserved. The Governor- 
General may return to the House in which it originated 
any Bill so presented to him, and may transmit therewith 
any amendments which he may recommend, and the 
House may deal with the recommendation. 

65. The King may disallow any law within one year Disallowance 
after it has been assented to by the Governor-General, of Bills - 
and such disallowance, on being made known by the 
Governor- General by speech or message to each of the 
Houses of Parliament or by proclamation, shall annul the 

law from the day when the disallowance is so made 
known. 

66. A Bill reserved for the King's pleasure shall not Reservation of 
have any force unless and until, within one year from the Bllls * 

day on which it was presented to the Governor-General 
for the King's Assent, the Governor- General makes known 
by speech or message to each of the Houses of Parliament 
or by proclamation that it has received the King's Assent. 

67. As soon as may be after any law shall have been Signature and 
assented to in the King's name by the Governor- General, ^ n c r t lment of 
or having been reserved for the King's pleasure shall have 
received his assent, the Clerk of the House of Assembly 

shall cause two fair copies of such law, one being in the 
English and the other in the Dutch language (one of 
which copies shall be signed by the Governor-General), 
to be enrolled of record in the office of the Registrar of 
the Appellate Division of the Supreme Court of South 



378 FEDEBAL AND UNIFIED CONSTITUTIONS 

Africa ; and such copies shall be conclusive evidence as to 
the provisions of every such law, and in case of conflict 
between the two copies thus deposited that signed by the 
Governor-General shall prevail. 

V. THE PBOVINCBS. 

Administrators. 

Appointment 68. (1) In each province there shall be a chief ex- 
office e o n f U pro^ f ecutive officer appointed by the Governor-General in 
vincial ad- Council, who shall be styled the administrator of the 
ministrators. p rovmce> an a i n whose name all executive acts relating 
to provincial affairs therein shall be done. 

(2) In the appointment of the administrator of any 
province, the Governor- General in Council shall, as far as 
practicable, give preference to persons resident in such 
province. 

(3) Such administrator shall hold office for a term of 
five years and shall not be removed before the expiration 
thereof except by the Governor-General in Council for 
cause assigned, which shall be communicated by message 
to both Houses of Parliament within one week after the 
removal, if Parliament be then sitting, or, if Parliament be 
not sitting, then within one week after the commencement 
of the next ensuing session. 

(4) The Governor- General in Council may from time 
to time appoint a deputy administrator to execute the 
office and functions of the administrator during his absence, 
illness, or other inability. 

Salaries of 69. The salaries of the administrators shall be fixed 

administrators. and provided by Parliament, and shall not be reduced 
during their respective terms of office. 

Provincial Councils. 

Constitution of 70. (1) There shall be a provincial council in each 
councils? 1 province consisting of the same number of members as 
are elected in the province for the House of Assembly : 
Provided that, in any province whose representatives in 
the House of Assembly shall be less than twenty-five in 
number, the provincial council shall consist of twenty-five 
members. 



THE CONSTITUTION OF SOUTH APKICA 379 

(2) Any person qualified to vote for the election of 
members of the provincial council shall be qualified to be 
a member of such council. 

7k (1) The members of the provincial council shall Qualification 
be elected by the persons qualified to vote for the election councillors* 1 
of members of the House of Assembly in the province 
voting in the same electoral divisions as are delimited for 
the election of members of the House of Assembly: 
Provided that, in any province in which less than twenty- 
five members are elected to the House of Assembly, the 
delimitation of the electoral divisions, and any necessary 
re-allocation of members or adjustment of electoral 
divisions, shall be effected by the same commission and on 
the same principles as are prescribed in regard to the 
electoral divisions for the House of Assembly. 

(2) Any alteration in the number of members of the 
provincial council, and any re-division of the province 
into electoral divisions, shall come into operation at the 
next general election for such council held after the com- 
pletion of such re-division, or of any allocation consequent 
upon such alteration, and not earlier. 

(3) The election shall take place at such times as the 
administrator shall by proclamation direct, and the pro- 
visions of section thirty-seven applicable to the election of 
members of the House of Assembly shall mutatis mutandis 
apply to such elections. 

72. The provisions of sections fifty-three, fifty-four, Application of 
and fifty-five, relative to members of the House of Assembly, IftoTo^ncial 
shall mutatis mutandis apply to members of the provincial councillors, 
councils : Provided that any member of a provincial council 

who shall become a member of either House of Parliament 
shall thereupon cease to be a member of such provincial 
council. 

73. Each provincial council shall continue for three Tenure of 
years from the date of its first meeting, and shall not be p^v^cial 
subject to dissolution save by effluxion of time. councillors. 

74. The administrator of each province shall by pro- ^j3ri f 
clamation fix such times for holding the sessions of the councils. 
provincial council as he may think fit, and may from time 



380 FEDERAL AND UNIFIED CONSTITUTIONS 



Chairmen of 

provincial 

councils. 



Allowances of 

provincial 

councillors. 

Freedom of 
speech in 
provincial 
councils. 



Provincial 
executive 
committees. 



to time prorogue such council : Provided that there shall 
be a session of every provincial council once at least in 
every year, so that a period of twelve months shall not 
intervene between the last sitting of the council in one 
session and its first sitting in the next session. 

75. The provincial council shall elect from among its 
members a chairman, and may make rules for the con- 
duct of its proceedings. Such rules shall be transmitted 
by the administrator to the Governor- General, and shall 
have full force and effect unless and until the Governor- 
General in council shall express his disapproval thereof 
in writing addressed to the administrator. 

76. The members of the provincial council shall receive 
such allowances as shall be determined by the Governor- 
General in Council. 

77. There shall be freedom of speech in the provincial 
council, and no member shall be liable to any action or 
proceeding in any court by reason of his speech or vote in 
such council. 

Executive Committees. 

78. (1) Each provincial council shall at its first meet- 
ing after any general election elect from among its 
members, or otherwise, four persons to form with the 
administrator, who shall be chairman, an executive com- 
mittee for the province. The members of the executive 
committee other than the administrator shall hold office 
until the election of their successors in the same manner. 

(2) Such members shall receive such remuneration as 
the provincial council, with the approval of the Governor- 
General in Council, shall determine. 

(3) A member of the provincial council shall not be 
disqualified from sitting as a member by reason of his 
having been elected as a member of the executive com- 
mittee. 

(4) Any casual vacancy arising in the executive com- 
mittee shall be filled by election by the provincial council 
if then in session or, if the council is not in session, by a 
person appointed by the executive committee to hold office 
temporarily pending an election by the council. 



THE CONSTITUTION OF SOUTH AFEICA 381 

79. The administrator and any other member of the Right of ad- 
executive committee of a province, not being a member of ^t^take' 
the provincial council, shall have the right to take part in part in pro- 
the proceedings of the council, but shall not have the right ce r o^i a f 
to VOte. council. 

80. The executive committee shall on behalf of the Powers of 
provincial council carry on the administration of provincial executive 1 
affairs. Until the first election of members to serve on committees, 
the executive committee, such administration shall be 
carried on by the administrator. Whenever there are not 
sufficient members of the executive committee to form a 
quorum according to the rules of the committee, the ad- 
ministrator shall, as soon as practicable, convene a meeting 

of the provincial council for the purpose of electing 
members to fill the vacancies, and until such election the 
administrator shall carry on the administration of pro- 
vincial affairs. 

81. Subject to the provisions of this Act, all powers, Transfer of 
authorities, and functions which at the establishment of P?*^ 
the Union are in any of the Colonies vested in or exercised executive 
by the Governor or the Governor in Council, or any committees ' 
minister of the Colony, shall after such establishment be 

vested in the executive committee of the province so far 
as such powers, authorities, and functions relate to 
matters in respect of which the provincial council is com- 
petent to make ordinances. 

82. Questions arising in the executive committee shall Voting m 
be determined by a majority of votes of the members committees, 
present, and, in case of an equality of votes, the adminis- 
trator shall have also a casting vote. Subject to the ap- 
proval of the Governor- General in Council, the executive 
committee may make rules for the conduct of its proceed- 
ings. 

83. Subject to the provisions of any law passed by Tenure of 
Parliament regulating the conditions of appointment, ^^^ of 
tenure of office, retirement and superannuation of public executive 
officers, the executive committee shall have power to ap- committees, 
point such officers as may be necessary, in addition to 
officers assigned to the province by the Governor- General 



382 FEDEBAL AND UNIFIED CONSTITUTIONS 



Power of 



of Governor- 
General in 



in Council under the provisions of this Act, to carry out 
the services entrusted to them and to make and enforce 
regulations for the organization and discipline of such 
officers. 

84- In regard to all matters in respect of which no 
P owers are reserved or delegated to the provincial council, 
the administrator shall act on behalf of the Governor- 
General in Council when required to do so, and in such 
matters the administrator may act without reference to the 
other members of the executive committee. 



Powers of 
provincial 
councils. 



Powers of Provincial Councils. 

85- Subject to the provisions of this Act and the assent 
of the Governor- General in Council as hereinafter provided, 
the provincial council may make ordinances in relation to 
matters coming within the following classes of subjects 
(that is to say) : 

(i) Direct taxation within the province in order to 

raise a revenue for provincial purposes : 
(ii) The borrowing of money on the sole credit of the 
province with the consent of the Governor- 
General in Council and in accordance with 
regulations to be framed by Parliament : 
(iii) Education, other than higher education, for a 
period of five years and thereafter until Parlia- 
ment otherwise provides : 

(iv) Agriculture to the extent and subject to the con- 
ditions to be defined by Parliament : 
(v) The establishment, maintenance, and manage- 
ment of hospitals and charitable institutions : 
(vi) Municipal institutions, divisional councils, and 

other local institutions of a similar nature : 
(vii) Local works and undertakings within the 
province, other than railways and harbours 
and other such works as extend beyond the 
borders of the province, and subject to the 
power of Parliament to declare any work a 
national work and to provide for its con- 



THE CONSTITUTION OF SOUTH AFKICA 383 

strucfcion by arrangement with the provincial 
council or otherwise : 
(viii) Boads, outspans, ponts, and bridges, other than 

bridges connecting two provinces : 
(ix) Markets and pounds : 
(x) Fish and game preservation : 
(xi) The imposition of punishment by fine, penalty, 
or imprisonment for enforcing any law or any 
ordinance of the province made in relation to 
any matter coming within any of the classes of 
subjects enumerated in this section : 
(xii) Generally all matters which, in the opinion of 
the Governor-General in Council, are of a 
merely local or private nature in the pro- 
vince : 

(xiii) All other subjects in respect of which Parliament 
shall by any law delegate the power of making 
ordinances to the provincial council. 

86. Any ordinance made by a provincial council shall Effect of 
have effect in and for the province as long and as far 
as it is not repugnant to any Act of Parliament. 

87- A provincial council may recommend to Parlia- Recommenda- 
ment the passing of any law relating to any matter in p 
respect of which such council is not competent to make 
ordinances. 

88. In regard to any matter which requires to be dealt Power to deal 
with bv means of a private Act of Parliament, the pro- with matter* 
. . , J -i * .1 A i_- u J.L. J.L 1 1 i. proper to be 

vmcial council of the province to which the matter relates dealt with by 

may, subject to such procedure as shall be laid down by private Bill 
Parliament, take evidence by means of a Select Committee egls 
or otherwise for and against the passing of such law, and, 
upon receipt of a report from such council, together with 
the evidence upon which it is founded, Parliament may 
pass such Act without further evidence being taken in 
support thereof. 

89- A provincial revenue fund shall be formed in every Constitution of 

province, into which shall be paid all revenues raised by P roy i nci al 

. , ,, * ! -i 11 .! revenue fund. 

or accruing to the provincial council and all moneys paid 

over by the Governor- General in Council to the provincial 



384 FEDEEAL AND UNIFIED CONSTITUTIONS 



Assent to 
provincial 
ordinances. 



Effect and 
enrolment of 
ordinances. 



council. Such fund shall be appropriated by the pro- 
vincial council by ordinance for the purposes of the pro- 
vincial administration generally, or, in the case of moneys 
paid over by the Governor- General in Council for parti- 
cular purposes, then for such purposes, but no such 
ordinance shall be passed by the provincial council unless 
the administrator shall have first recommended to the 
council to make provision for the specific service for 
which the appropriation is to be made. No money shall 
be issued from the provincial revenue fund except in 
accordance with such appropriation and under warrant 
signed by the administrator : Provided that, until the 
expiration of one month after the first meeting of the pro- 
vincial council, the administrator may expend such 
moneys as may be necessary for the services of the 
province. 

90. When a proposed ordinance has been passed by a 
provincial council it shall be presented by the administrator 
to the Governor-General in Council for his assent. The 
Governor-General in Council shall declare within one 
month from the presentation to him of the proposed 
ordinance that he assents thereto, or that he withholds 
assent, or that he reserves the proposed ordinance for 
further consideration. A proposed ordinance so reserved 
shall not have any force unless and until, within one year 
from the day on which it was presented to the Governor- 
General in Council, he makes known by proclamation that 
it has received his assent. 

91. An ordinance assented to by the Governor- 
General in Council and promulgated by the administrator 
shall, subject to the provisions of this Act, have the force 
of law within the province. The administrator shall cause 
two fair copies of every such ordinance, one being in the 
English and the other in the Dutch language (one of 
which copies shall be signed by the Governor-General), to 
be enrolled of record in the office of the Eegistrar of the 
Appellate Division of the Supreme Court of South Africa ; 
and such copies shall be conclusive evidence as to the 
provisions of such ordinance, and, in case of conflict be- 



THE CONSTITUTION OF SOUTH AFEICA 385 

tween the two copies thus deposited, that signed by the 
Governor-General shall prevail. 

Miscellaneous. 

92- (1) In each province there shall be an auditor Audit of 
of accounts to be appointed by the Governor- General in Account* 1 
Council. 

(2) No such auditor shall be removed from office except 
by the Governor-General in Council for cause assigned, 
which shall be communicated by message to both Houses 
of Parliament within one week after the removal, if 
Parliament be then sitting, and, if Parliament be not sit- 
ting, then within one week after the commencement of 
the next ensuing session. 

(3) Each such auditor shall receive out of the consoli- 
dated Revenue Fund such salary as the Governor- General 
in Council, with the approval of Parliament, shall deter- 
mine. 

(4) Each such auditor shall examine and audit the 
accounts of the province to which he is assigned subject 
to such regulations and orders as may be framed by the 
Governor-General in Council and approved by Parliament, 
and no warrant signed by the administrator authorizing 
the issuing of money shall have effect unless counter- 
signed by such auditor. 

93. Notwithstanding anything in this Act contained, Continuation 
all powers authorities, and functions lawfully exercise 



at the establishment of the Union by divisional or muni- and munici- 
cipal councils, or any other duly constituted local authority, pa 
shall be and remain in force until varied or withdrawn by 
Parliament or by a provincial council having power in 
that behalf. 

94. The seats of provincial government shall be Seats of 

provincial 

For the Cape of Good Hope Cape Town. government. 

For Natal .... Pietermaritzburg. 
For the Transvaal . . Pretoria. 
For the Orange Free State . Bloemfontein. 
25 



386 FBDEEAL AND UNIFIED CONSTITUITONS 

VI. THE SUPEBME COUBT OF SOUTH AFRICA. 

Constitution of 95. There shall be a Supreme Court of South Africa 

Court me consisting of a Chief Justice of South Africa, the ordinary 

judges of appeal, and the other judges of the several 

divisions of the Supreme Court of South Africa in the 

provinces. 

Appellate 96. There shall he an Appellate Division of the Supreme 

Division of Court of South Africa, consisting of the Chief Justice of 
Supreme Court. . . . . ' . <p . _ 

bouth Africa, two ordinary judges ot appeal, and two 

additional judges of appeal. Such additional judges of 
appeal shall be assigned by the Governor-General in 
Council to the Appellate Division from any of the pro- 
vincial or local divisions of the Supreme Court of South 
Africa, but shall continue to perform their duties as judges 
of their respective divisions when their attendance is not 
required in the Appellate Division. 

Filling of 97. The Governor-General in Council may, during the 

vacancles'm absence, illness, or other incapacity of the Chief Justice of 

Appellate South Africa, or of any ordinary or additional judge of 

Division. appeal, appoint any other judge of the Supreme Court of 

South Africa to act temporarily as such chief justice, 

ordinary judge of appeal, or additional judge of appeal, as 

the case may be. 

Constitution of 98. (1) The several supreme courts of the Cape of 

focal dMsions Good H P e > Natal, and the Transvaal, and the High Court 

of Supreme of the Orange Kiver Colony shall, on the establishment oi 

Court. jjh e Union, become provincial divisions of the Supreme 

Court of South Africa within their respective provinces, 

and shall each be presided over by a judge-president. 

(2) The court of the eastern districts of the Cape of 
Good Hope, the High Court of Griqualand, the High 
Court of Witwatersrand, and the several circuit courts, 
shall become local divisions of the Supreme Court of South 
Africa within the respective areas of their jurisdiction as 
existing at the establishment of the Union. 

(3) The said provincial and local divisions, referred to 
in this Act as superior courts, shall, in addition to any 
original jurisdiction exercised by the corresponding courts 



THE CONSTITUTION OF SOUTH AFEICA 387 

of the Colonies at the establishment of the Union, have 
jurisdiction in all matters 

(a) in which the Government of the Union or a person 

suing or being sued on behalf of such Government 
is a party : 

(b) in which the validity of any provincial ordinance 

shall come into question. 

(4) Unless and until Parliament shall otherwise pro- 
vide, the said superior courts shall mutatis mutandis 
have the same jurisdiction in matters affecting the validity 
of elections of members of the House of Assembly and 
provincial councils as the corresponding courts of the 
Colonies have at the establishment of the Union in regard 
to parliamentary elections in such Colonies respectively. 

99. All judges of the supreme courts of the Colonies, Continuation 
including the High Court of the Orange Eiver Colony, ^is{?ug f 
holding office at the establishment of the Union shall on judges, 
such establishment become judges of the Supreme Court 

of South Africa, assigned to the divisions of the Supreme 
Court in the respective provinces, and shall retain all such 
rights in regard to salaries and pensions as they may 
possess at the establishment of the Union. The Chief 
Justices of the Colonies holding office at the establishment 
of the Union shall on such establishment become the 
Judges-President of the divisions of the Supreme Court in 
the respective provinces, but shall so long as they hold 
that office retain the title of Chief Justice of their re- 
spective provinces. 

100. The Chief Justice of South Africa, the ordinary Appointment 
judges of appeal, and all other judges of the Supreme * " 
Court of South Africa to be appointed after the establish- 
ment of the Union shall be appointed by the Governor- 
General in Council, and shall receive such remuneration 

as Parliament shall prescribe, and their remuneration 
shall not be diminished during their continuance in office. 

101. The Chief Justice of South Africa and other Tenure of office 
judges of the Supreme Court of South Africa shall not be b yJ ud S ea - 
removed from office except by the Governor- General in 

Council on an address from both Houses of Parliament in 

25* 



388 FEDBEAL AND UNIFIED CONSTITUTIONS 



Reduction in 
number of 
judges. 



Appeals to 
Appellate 
Division. 



Existing 
appeals. 



the same session praying for such removal on the ground 
of misbehaviour or incapacity. 

102. Upon any vacancy occurring in any division of 
the Supreme Court of South Africa, other than the Appel- 
late Division, the Governor-General in Council may, in 
case he shall consider that the number of judges of such 
court may with advantage to the public interest be reduced, 
postpone filling the vacancy until Parliament shall have 
determined whether such reduction shall take place. 

103. In every civil case in which, according to the law 
in force at the establishment of the Union, an appeal 
might have been made to the Supreme Court of any of 
the Colonies from a Superior Court in any of the Colonies, 
or from the High Court of Southern Ehodesia, the appeal 
shall be made only to the Appellate Division, except in 
cases of orders or judgments given by a single judge, upon 
applications by way of motion or petition or on summons 
for provisional sentence or judgments as to costs only, 
which by law are left to the discretion of the court. The 
appeal from any such orders or judgments, as well as any 
appeal in criminal cases from any such Superior Court, or 
the special reference by any such court of any point of 
law in a criminal case, shall be made to the provincial 
division corresponding to the court which before the 
establishment of the Union would have had jurisdiction 
in the matter. There shall be no further appeal against 
any judgment given on appeal by such provincial division 
except to the Appellate Division, and then only if the 
Appellate Division shall have given special leave to 
appeal. 

104. In every case, civil or criminal, in which at the 
establishment of the Union an appeal might have been 
made from the Supreme Court of any of the Colonies or 
from the High Court of the Orange Biver Colony to the 
King in Council, the appeal shall be made only to the 
Appellate Division : Provided that the right of appeal in 
any civil suit shall not be limited by reason only of the 
value of the matter in dispute or the amount claimed or 
awarded in such suit. 



THE CONSTITUTION OP SOUTH APEICA 389 

105. In every case, civil or criminal, in which at the Appeals from 
establishment of the Union an appeal might have been j^^^f 8 
made from a court of resident magistrate or other inferior divisions, 
court to a superior court in any of the Colonies, the appeal 

shall be made to the corresponding division of the Supreme 
Court of South Africa ; but there shall be no further appeal 
against any judgment given on appeal by such division 
except to the Appellate Division, and then only if the 
Appellate Division shall have given special leave to appeal. 

106. There shall be no appeal from the Supreme Court Provisions as 
of South Africa or from any division thereof to the King Jj ^g-^* * 
in Council, but nothing herein contained shall be construed Council. 

to impair any right which the King in Council may be 
pleased to exercise to grant special leave to appeal from 
the Appellate Division to the King in Council. Parliament 
may make laws limiting the matters in respect of which 
such special leave may be asked, but Bills containing any 
such limitation shall be reserved by the Governor-General 
for the signification of His Majesty's pleasure : Provided 
that nothing in this section shall affect any right of appeal 
to His Majesty in Council from any judgment given by the 
Appellate Division of the Supreme Court under or in 
virtue of the Colonial Courts of Admiralty Act, 1890. 53 & 54 Viet. 

107. The Chief Justice of South Africa and the ordinary c> 27> 
judges of appeal may, subject to the approval of the procedure in 
Governor- General in Council, make rules for the conduct of Appellate 
the proceedings of the Appellate Division and prescribing T)lvisi011 ' 
the time and manner of making appeals thereto. Until 

such rules shall have been promulgated, the rules in force 
in the Supreme Court of the Cape of Good Hope at the 
establishment of the Union shall mutatis mutandis apply. 

108. The chief justice and other judges of the Supreme Rules of pro- 
Court of South Africa may, subject to the approval of the ^ovfncial and 
Governor- General in Council, frame rules for the conduct Local divisions. 
of the proceedings of the several provincial and local 
divisions. Until such rules shall have been promulgated, 

the rules in force at the establishment of the Union in the 
respective courts which become divisions of the Supreme 
Court of South Africa shall continue to apply therein. 



390 FEDERAL AND UNIFIED CONSTITUTIONS 



Place of 
sittings of 
Appellate 
Division. 

Quorum for 

hearing 

appeals. 



Jurisdiction of 

Appellate 

Division. 



Execution of 
processes of 
provincial 
aivisions. 



109. The Appellate Division shall sit in Bloemfontein, 
but may from time to time for the convenience of suitors 
hold its sittings at other places within the Union. 

110. On the hearing of appeals from a court consisting 
of two or more judges, five judges of the Appellate Division 
shall form a quorum, but, on the hearing of appeals from 
a single judge, three judges of the Appellate Division shall 
form a quorum. No judge shall take part in the hearing 
of any appeal against the judgment given in a case heard 
before him. 

111. The process of the Appellate Division shall run 
throughout the Union, and all its judgments or orders 
shall have full force and effect in every province, and shall 
be executed in like manner as if they were original judg- 
ments or orders of the provincial division of the Supreme 
Court of South Africa in such province. 

112. The registrar of every provincial division of the 
Supreme Court of South Africa, if thereto requested by any 
party in whose favour any judgment or order has been 
given or made by any other division, shall, upon the deposit 
with him of an authenticated copy of such judgment or 
order and on proof that the same remains unsatisfied, 
issue a writ or other process for the execution of such 
judgment or order, and thereupon such writ or other 
process shall be executed in like manner as if it had been 
originally issued from the division of which he is registrar. 

113. Any provincial or local division of the Supreme 
Court of South Africa to which it may be made to appear 
that any civil suit pending therein may be more con- 
veniently or fitly heard or determined in another division 
may order the same to be removed to such other division, 
and thereupon such last- mentioned division may proceed 
with such suit in like manner as if it had been originally 
commenced therein. 

114. The Governor- General in Council may appoint 

and officers of a re ori s t ra r of the Appellate Division and such other officers 
Appellate . . rr , .. ,, ,. . , - ., 

Division. thereof as shall be required for the proper dispatch of the 

business thereof. 

Advocates and U& (!) The laws regulating the admission of advo- 
attorneys. 



Transfer of 
suits from one 
provincial or 
local division 
to another. 



Registrar 



THE CONSTITUTION OF SOUTH AFEICA 391 

cates and attorneys to practise before any superior court 
of any of the Colonies shall mutatis mutandis apply to the 
admission of advocates and attorneys to practise in the 
corresponding division of the Supreme Court of South 
Africa. 

(2) All advocates and attorneys entitled at the establish- 
ment of the Union to practise in any superior court of any 
of the Colonies shall be entitled to practise as such in the 
corresponding division of the Supreme Court of South 
Africa. 

(3) All advocates and attorneys entitled to practise 
before any provincial division of the Supreme Court of 
South Africa shall be entitled to practise before the 
Appellate Division. 

116. All suits, civil or criminal, pending in any superior pending suits. 
court of any of the Colonies at the establishment of the 

Union shall stand removed to the corresponding division 
of the Supreme Court of South Africa, which shall have 
jurisdiction to hear and determine the same, and all judg- 
ments and orders of any superior court of any of the Colonies 
given or made before the establishment of the Union shall 
have the same force and effect as if they had been given 
or made by the corresponding division of the Supreme 
Court of South Africa. All appeals to the King in Council 
which shall be pending at the establishment of the Union 
shall be proceeded with as if this Act had not been passed. 

VII. FINANCE AND EAILWAYS. 

117. All revenues, from whatever source arising, over Constitution of 
which the several Colonies have at the establishment of Consolidated 

LI TT f j.- u 11 L i.i_ Revenue Bund 

the Union power of appropriation, shall vest in the a nd Railway 

Governor-General in Council. There shall be formed a 
Eailway and Harbour Fund, into which shall be paid all 
revenues raised or received by the Governor- General in 
Council from the administration of the railways, ports, 
and harbours, and such fund shall be appropriated by 
Parliament to the purposes of the railways, ports, and 
harbours in the manner prescribed by this Act. There 
shall also be formed a Consolidated Bevenue Fund, into 



392 FEDEEAL AND UNIFIED CONSTITUTIONS 

which shall be paid all other revenues raised or received 
by the Governor General in Council, and such fund shall 
be appropriated by Parliament for the purposes of the 
Union in the manner prescribed by this Act, and subject 
to the charges imposed thereby. 
Commission of HQ. The Governor- General in Council shall, as soon 
m as mav be a ^ ter the establishment of the Union, appoint 



relations a commission, consisting of one representative from each 
Province, and presided over by an officer from the Im- 
perial Service, to institute an inquiry into the financial 
relations which should exist between the Union and the 
provinces. Pending the completion of that inquiry and 
until Parliament otherwise provides, there shall be paid 
annually out of the Consolidated Eevenue Fund to the 
administrator of each province 

(a) an amount equal to the sum provided in the esti- 

mates for education, other than higher education, 
in respect of the financial year, 1908-9, as voted 
by the Legislature of the corresponding colony 
during the year nineteen hundred and eight ; 

(b) such further sums as the Governor- General in 

Council may consider necessary for the due per- 
formance of the services and duties assigned to 
the provinces respectively. 

Until such inquiry shall be completed and Parliament 
shall have made other provision, the executive committees 
in the several provinces shall annually submit estimates 
of their expenditure for the approval of the Governor- 
General in Council, and no expenditure shall be incurred 
by any executive committee which is not provided for in 
such approved estimates. 

Security for 119. The annual interest of the public debts of the 

debts ng public Colonies and any sinking funds constituted by law at the 
establishment of the Union shall form a first charge on 
the Consolidated Eevenue Fund. 

Requirements 120. No money shall be withdrawn from the Consoli- 

ofmoney from dated Revenue Fund or the Eailway and Harbour Fund 

funds. except under appropriation made by law. But, until the 

expiration of two months after the first meeting of Parlia- 



THE CONSTITUTION OP SOUTH AFKICA 393 

ment, the Governor-General in Council may draw there- 
from and expend such moneys as may be necessary for 
the public service, and for railway and harbour adminis- 
tration respectively. 

121. All stocks, cash, bankers' balances, and securities Transfer of 
for money belonging to each of the Colonies at the estab- ^y to t P hT 
lishment of the Union shall be the property of the Union : Union. 
Provided that the balances of any funds raised at the 
establishment of the Union by law for any special pur- 
poses in any of the Colonies shall be deemed to have been 
appropriated by Parliament for the special purposes for 

which they have been provided. 

122. Crown lands, public works, and all property Crown lands, 
throughout the Union, movable or immovable, and all &(x 
rights of whatever description belonging to the several 
Colonies at the establishment of the Union, shall vest in 

the Governor- General in Council subject to any debt or 
liability specifically charged thereon. 

123. All rights in and to mines and minerals, and all Minos and 
rights in connection with the searching for, working for, mmera s - 
or disposing of, minerals or precious stones, which at the 
establishment of the Union are vested in the Government 

of any of the Colonies, shall on such establishment vest in 
the Governor- General in Council. 

124. The Union shall assume all debts and liabilities Assumption by 
of the Colonies existing at its establishment, subject, not- 
withstanding any other provision contained in this Act, 

to the conditions imposed by any law under which such 
debts or liabilities were raised or incurred, and without 
prejudice to any rights of security or priority in respect 
of the payment of principal, interest, sinking fund, and 
other charges conferred on the creditors of any of the 
Colonies, and may, subject to such conditions and rights, 
convert, renew, or consolidate such debts. 

125. All ports, harbours, and railways belonging to Ports, har- 
the several Colonies at the establishment of the Union rSi^ys 
shall from the date thereof vest in the Governor- General 

in Council. No railway for the conveyance of public 
traffic, and no port, harbour, or similar work, shall be 
constructed without the sanction of Parliament. 



394 FEDEKAL AND UNIFIED CONSTITUTIONS 

Constitution of 126. Subject to the authority of the Governor-General 
aSway aUd * n C unc il *^ e control and management of the railways, 
Board. ports, and harbours of the Union shall be exercised through 

a board consisting of not more than three commissioners, 
who shall be appointed by the Governor-General in 
Council, and a minister of State, who shall be chairman. 
Each commissioner shall hold office for a period of five 
years, but may be re-appointed. He shall not be removed 
before the expiration of his period of appointment, except 
by the Governor-General in Council for cause assigned, 
which shall be communicated by message to both Houses 
of Parliament within one week after the removal, if 
Parliament be then sitting, or, if Parliament be not sitting, 
then within one week after the commencement of the 
next ensuing session. The salaries of the commissioners 
shall be fixed by Parliament and shall not be reduced 
during their respective terms of office. 

Administration 127. The railways, ports, and harbours of the Union 
f r ts ilW nd S ' s ^ a ^ be administered on business principles, due regard 
harbours. being had to agricultural and industrial development 
within the Union and promotion, by means of cheap 
transport, of the settlement of an agricultural and indus- 
trial population in the inland portions of all provinces of 
the Union. So far as may be, the total earnings shall be 
not more than are sufficient to meet the necessary outlays 
for working, maintenance, betterment, depreciation, and 
the payment of interest due on capital not being capital 
contributed out of railway or harbour revenue, and not 
including any sums payable out of the Consolidated 
Bevenue Fund in accordance with the provisions of sec- 
tions one hundred and thirty and one hundred and thirty- 
one. The amount of interest due on such capital invested 
shall be paid over from the Eailway and Harbour Fund 
into the Consolidated Eevenue Fund. The Governor- 
General in Council shall give effect to the provisions of 
this section as soon as and at such time as the necessary 
administrative and financial arrangements can be made, 
but in any case shall give full effect to them before the 
expiration of four years from the establishment of the 



THE CONSTITUTION OF SOUTH AFRICA 395 

Union. During such period, if the revenues accruing to 
the Consolidated Eevenue Fund are insufficient to pro- 
vide for the general service of the Union, and if the earn- 
ings accruing to the Bail way and Harbour Fund are in 
excess of the outlays specified herein, Parliament may by 
law appropriate such excess or any part thereof towards 
the general expenditure of the Union, and all sums so 
appropriated shall be paid over to the Consolidated 
Revenue Fund. 

128. Notwithstanding anything to the contrary in the Establishment 
last preceding section, the Board may establish a fund out maintaining 
of railway and harbour revenue to be used for maintaining, uniformity of 
as far as may be, uniformity of rates notwithstanding rai way ra es ' 
fluctuations in traffic. 

129. All balances standing to the credit of any fund Management of 
established in any of the Colonies for railway or harbour harbour &n 
purposes at the establishment of the Union shall be under balances. 

the sole control and management of the Board, and shall 
be deemed to have been appropriated by parliament for 
the respective purposes for which they have been provided. 

130. Every proposal for the construction of any port Construction 
or harbour works or of any line of railway, before being raiiwayworks. 
submitted to Parliament, shall be considered by the Board, 

which shall report thereon, and shall advise whether the 
proposed works or line of railway should or should not be 
constructed. If any such works or line shall be con- 
structed contrary to the advice of the Board, and if the 
Board is of opinion that the revenue derived from the 
operation of such works or line will be insufficient to meet 
the costs of working and maintenance, and of interest on 
the capital invested therein, it shall frame an estimate of 
the annual loss which, in its opinion, will result from 
such operation. Such estimate shall be examined by the 
Controller and Auditor-General, and when approved by 
him the amount thereof shall be paid over annually from 
the Consolidated Revenue Fund to the Railway and 
Harbour Fund : Provided that, if in any year the actual 
loss incurred, as calculated by the Board and certified by 
the Controller and Auditor- General, is less than the 



396 FEDERAL AND UNIFIED CONSTITUTIONS 

estimate framed by the Board, the amount paid over in 
respect of that year shall be reduced accordingly so as not 
to exceed the actual loss incurred. In calculating the 
loss arising from the operation of any such work or line, 
the Board shall have regard to the value of any contribu- 
tions of traffic to other parts of the system which may be 
due to the operation of such work or line. 

Making good 131. If the Board shall be required by the Governor- 

?n Baa^a" 5 * 68 General in Council or under any Act of Parliament or 

Fund in certain resolution of both Houses of Parliament to provide any 

cases. services or facilities either gratuitously or at a rate of 

charge which is insufficient to meet the costs involved in 

the provision of such services or facilities, the Board shall 

at the end of each financial year present to Parliament an 

account approved by the Controller and Auditor- General, 

showing, as nearly as can be ascertained, the amount of 

the loss incurred by reason of the provision of such 

services and facilities, and such amount shall be paid out 

of the Consolidated Revenue Fund to the Eailway and 

Harbour Fund. 

Controller and 132. The Governor- General in Council shall appoint a 
Controller and Auditor- General who shall hold office 
during good behaviour : provided that he shall be removed 
by the Governor- General in Council on an address praying 
for such removal presented to the Governor-General by 
both Houses of Parliament : provided further that when 
Parliament is not in session the Governor- Gen er?4 in 
Council may suspend such officer on the ground of in- 
competence or misbehaviour : and, when and so often as 
such suspension shall take place, a full statement of the 
circumstances shall be laid before both Houses of Parlia- 
ment within fourteen days after the commencement of its 
next session ; and, if an address shall at any time during 
the session of Parliament be presented to the Governor- 
General by both Houses praying for the restoration to 
office of such officer, he shall be restored accordingly ; and 
if no such address be presented the Governor- General 
shall confirm such suspension and shall declare the office 
of Controller and Auditor- General to be, and it shall 



insation 



THE CONSTITUTION OF SOUTH APEICA 397 

thereupon become, vacant. Until Parliament shall other- 
wise provide, the Controller and Auditor- General shall 
exercise such powers and functions and undertake such 
duties as may be assigned to him by the Governor-General 
in Council by regulations framed in that behalf. 

133. I n order to compensate Pietermaritzburg and Compe 
Bloemfontein for any loss sustained by them in the form capitals for 
of diminution of prosperity or decreased rateable value by diminution of 
reason of their ceasing to be the seats of government of P ros P erlt y 
their respective colonies, there shall be paid from the 
Consolidated Revenue Fund for a period not exceeding 
twenty-five years to the municipal councils of such towns 
a grant of two per centum per annum on their municipal 
debts, as existing on the thirty-first day of January nine- 
teen hundred and nine, and as ascertained by the Con- 
troller and Auditor-General. The Commission appointed 
under section one hundred and eighteen shall, after due 
inquiry, report to the Governor-General in Council what 
compensation should be paid to the municipal councils of 
Cape Town and Pretoria for the losses, if any, similarly 
sustained by them. Such compensation shall be paid out 
of the Consolidated Revenue Fund for a period not ex- 
ceeding twenty-five years, and shall not exceed one per 
centum per annum on the respective municipal debts of 
such towns as existing on the thirty-first January nine- 
teen hundred and nine, and as ascertained by the Con- 
troller and Audit or- General. For the purposes of this 
section Cape Town shall be deemed to include the 
municipalities of Cape Town, Green Point, and Sea Point, 
Woodstock, Mowbray, and Rondebosch, Claremont, and 
Wynberg, and any grant made to Cape Town shall be 
payable to the councils of such municipalities in pro- 
portion to their respective debts. One half of any such 
grants shall be applied to the redemption of the municipal 
debts of such towns respectively. At any time after the 
tenth annual grant has been paid to any of such towns the 
Governor- General in Council, with the approval of Parlia- 
ment, may after due inquiry withdraw or reduce the grant 
to such town. 



398 FEDERAL AND UNIFIED CONSTITUTIONS 



Method of 
voting for 
senators, &c. 



Continuation 
of existing 
colonial laws. 



Free trade 
throughout 
Union. 



Equality of 
English and 
Dutch 



Naturalization. 



VIII. GENERAL. 

134. The election of senators and of members of the 
executive committees of the provincial councils as pro- 
vided in this Act shall, whenever such election is contested, 
be according to the principle of proportional representation, 
each voter having one transferable vote. The Governor- 
General in Council, or, in the case of the first election of 
the Senate, che Governor in Council of each of the 
Colonies, shall frame regulations prescribing the method 
of voting and of transferring and counting votes and the 
duties of returning officers in connection therewith, and 
such regulations or any amendments thereof after being 
duly promulgated shall have full force and effect unless 
and until Parliament shall otherwise provide. 

135. Subject to the provisions of this Act, all laws in 
force in the several Colonies at the establishment of the 
Union shall continue in force in the respective provinces 
until repealed or amended by Parliament, or by the 
provincial councils in matters in respect of which the 
power to make ordinances is reserved or delegated to 
them. All legal commissions in the several Colonies at 
the establishment of the Union shall continue as if the 
Union had not been established. 

136. There shall be free trade throughout the Union, 
but until Parliament otherwise provides the duties of 
custom and of excise leviable under the laws existing in 
any of the Colonies at the establishment of the Union 
shall remain in force. 

137. Both the English and Dutch languages shall be 
official languages of the Union, and shall be treated on a 
footing of equality, and possess and enjoy equal freedom, 
rights, and privileges ; all records, journals, and proceedings 
of Parliament shall be kept in both languages, and all 
Bills, Acts, and notices of general public importance or 
interest issued by the Government of the Union shall be 
in both languages. 

138. All persons who have been naturalized in any of 
the Colonies shall be deemed to be naturalized throughout 
the Union. 



THE CONSTITUTION OF SOUTH AFRICA 399 

139- The administration of justice throughout the Administration 
Union shall be under the control of a minister of State, in JUS lce * 
whom shall be vested all powers, authorities, and functions 
which shall at the establishment of the Union be vested in 
the Attorneys- General of the Colonies, save and except all 
powers, authorities, and functions relating to the prosecu- 
tion of crimes and offences, which shall in each province 
be vested in an officer to be appointed by the Governor- 
General in Council, and styled the Attorney- General of the 
province, who shall also discharge such other duties as 
may be assigned to him by the Governor-General in 
Council : Provided that in the province of the Cape of 
Good Hope the Solicitor- General for the Eastern Districts 
and the Crown Prosecutor for Griqualand West shall re- 
spectively continue to exercise the powers and duties by 
law vested in them at the time of the establishment of the 
Union. 

140. Subject to the provisions of the next succeeding Existing 
section, all officers of the public service of the Colonies cers * 
shall at the establishment of the Union become Officers of 
the Union. 

141. (1) As soon as possible after the establishment of Reorganization 
the Union, the Governor- General in Council shall appoint departments, 
a public service commission to make recommendations for 
such reorganization and readjustment of the departments 
of the public service as may be necessary. The commis- 
sion shall also make recommendations in regard to the 
assignment of officers to the several provinces. 

(2) The Governor- General in Council may after such 
commission has reported assign from time to time to each 
province such officers as may be necessary for the proper 
discharge of the services reserved or delegated to it, and 
such officers on being so assigned shall become officers of 
the province. Pending the assignment of such officers, the 
Governor-General in Council may place at the disposal of 
the provinces the services of such officers of the Union as 
may be necessary. 

(3) The provisions of this section shall not apply to 
any service or department under the control of the Railway 



400 FEDEEAL AND UNIFIED CONSTITUTIONS 

and Harbour Board, or to any person holding office under 
the Board. 

Public service 142. After the establishment of the Union the Governor- 
commission. General in Council shall appoint a permanent public service 
commission with such powers and duties relating to the 
appointment, discipline, retirement, and superannuation of 
public officers as Parliament shall determine. 

Pensions of 143. Any officer of the public service of any of the 

officer? Colonies at the establishment of the Union who is not re- 

tained in the service of the Union or assigned to that of a 
province shall be entitled to receive such pension, gratuity, 
or other compensation as he would have received in like 
circumstances if the Union had not been established. 
Tenure of office 144. Any officer of the public service of any of the 
of existing Colonies at the establishment of the Union who is retained 
in the service of the Union or assigned to that of a province 
shall retain all his existing and accruing rights, and shall 
be entitled to retire from the service at the time at which 
he would have been entitled by law to retire, and on the 
pension or retiring allowance to which he would have been 
entitled by law in like circumstances if the Union had not 
been established. 

Existing 145. The services of officers in the public service of 

offi t c ! rs b any of the Colonies at the establishment of the Union shall 

dismissed. not be dispensed with by reason of their want of knowledge 
for ignorance o f either the English or Dutch language, 
of English or .- j/ A A. c. xi_ T i j. * 

Dutch. 146. Any permanent omcer of the Legislature of any 

Compensation o f the Colonies who is not retained in the service of the 
to existing TT . , , . , j, . 

officers who are Union, or assigned to that of any province, and for whom 

not retained. no provision shall have been made by such Legislature, 
shall be entitled to such pension, gratuity, or compensa- 
tion as Parliament may determine. 

Administration 1^7- The control and administration of native affairs 

of native and of matters specially or differentially affecting Asiatics 

a airs, &c. throughout the Union shall vest in the Governor-General 

in Council, who shall exercise all special powers in regard 

to native administration hitherto vested in the Governors 

of the Colonies or exercised by them as supreme chiefs, 

and any lands vested in the Governor or Governor and 



THE CONSTITUTION OF SOUTH AFKICA 401 

Executive Council of any colony for the purpose of 
reserves for native locations shall vest in the Governor- 
General in Council, who shall exercise all special powers 
in relation to such reserves as may hitherto have been 
exercisable by any such Governor or Governor and 
Executive Council, and no lands set aside for the occupa- 
tion of natives which cannot at the establishment of the 
Union be alienated except by an Act of the Colonial 
Legislature shall be alienated or in any way diverted 
from the purposes for which they are set apart except 
under the authority of an Act of Parliament. 

148. (1) All rights and obligations under any conven- Devolution on 
tions or agreements which are binding on any of * ne JJSt^and 
Colonies shall devolve upon the Union at its establishment, obligations 

(2) The provisions of the railway agreement between ventions* 1 ' 
the Governments of the Transvaal, the Cape of Good 
Hope, and Natal, dated the second of February, nineteen 
hundred and nine, shall, as far as practicable, be given 
effect to by the Government of the Union. 

IX. NEW PKOVINOES AND TERRITORIES. 

149. Parliament may alter the boundaries of any Alteration of 
province, divide a province into two or more provinces, ponces 68 f 
or form a new province out of provinces within the Union, 

on the petition of the provincial council of every province 
whose boundaries are affected thereby. 

150. The King, with the advice of the Privy Council, Power to 
may, on addresses from the Houses of Parliament of the uiSm terri- 
Union, admit into the Union the territories administered tories ad- 
by the British South Africa Company on such terms and B^is^Soutif 
conditions as to representation and otherwise in each case Africa 

as are expressed in the addresses and approved by the Company. 
King, and the provisions of any Order in Council in that 
behalf shall have effect as if they had been enacted by the 
Parliament of the United Kingdom of Great Britain and 
Ireland. 

151. The King, with the advice of the Privy Council, Power to 
may, on addresses from the Houses of Parliament of the un^govera- 
Union, transfer to the Union the government of any mentor native 

g territories. 



402 FEDEBAL AND UNIFIED CONSTITUTIONS 

territories, other than the territories administered by the 
British South Africa Company, belonging to or tinder the 
protection of His Majesty, and inhabited wholly or in part 
by natives, and upon such transfer the Governor-General 
in Council may undertake the government of such terri- 
tory upon the terms and conditions embodied in the 
Schedule to this Act. 

X. AMENDMENT OF ACT. 

Amendment 152. Parliament may by law repeal or alter any of the 

of Act. provisions of this Act : Provided that no provision thereof, 

for the operation of which a definite period of time is pre- 
scribed, shall during such period be repealed or altered : 
And provided further that no repeal or alteration of the 
provisions contained in this section, or in sections thirty- 
three and thirty-four (until the number of members of the 
House of Assembly has reached the limit therein prescribed, 
or until a period of ten years has elapsed after the establish- 
ment of the Union, whichever is the longer period), or in 
sections thirty-five and one hundred and thirty-seven, shall 
be valid unless the Bill embodying such repeal or altera- 
tion shall be passed by both Houses of Parliament sitting 
together, and at the third reading be agreed to by not less 
than two-thirds of the total number of members of both 
Houses. A Bill so passed at such joint sitting shall be 
taken to have been duly passed by both Houses of Parlia- 
ment. 
Section 151. SCHEDULE. 

1. After the transfer of the government of any territory 
belonging to or under the protection of His Majesty, the 
Governor- General in Council shall be the legislative 
authority, and may by proclamation make laws for the 
peace, order, and good government of such territory : 
Provided that all such laws shall be laid before both 
Houses of Parliament within seven days after the issue of 
the proclamation or, if Parliament be not then sitting, 
within seven days after the beginning of the next session, 
and shall be effectual unless and until both Houses of 
Parliament shall by resolutions passed in the same session 



THE CONSTITUTION OF SOUTH AFKICA 403 

request the Governor-General in Council to repeal the 
same, in which case they shall be repealed by proclama- 
tion. 

2. The Prime Minister shall be charged with the ad- 
ministration of any territory thus transferred, and he shall 
be advised in the general conduct of such administration 
by a commission consisting of not fewer than three 
members with a secretary, to be appointed by the Governor- 
General in Council, who shall take the instructions of the 
Prime Minister in conducting all correspondence relating 
to the territories, and shall also under the like control 
have custody of all official papers relating to the territories. 

3. The members of the commission shall be appointed 
by the Governor- General in Council, and shall be entitled 
to hold office for a period of ten years, but such period 
may be extended to successive further terms of five years. 
They shall each be entitled to a fixed annual salary, which 
shall not be reduced during the continuance of their term 
of office, and they shall not be removed from office except 
upon addresses from both Houses of Parliament passed in 
the same session praying for such removal. They shall 
not be qualified to become, or to be, members of either 
House of Parliament. One of the members of the com- 
mission shall be appointed by the Governor-General in 
Council as vice-chairman thereof. In case of the absence, 
illness, or other incapacity of any member of the commis- 
sion, the Governor-General in Council may appoint some 
other fit and proper person to act during such absence, 
illness, or other incapacity. 

4. It shall be the duty of the members of the commis- 
sion to advise the Prime Minister upon all matters relating 
to the general conduct of the administration of, or the 
legislation for, the said territories. The Prime Minister, 
or another minister of State nominated by the Prime 
Minister to be his deputy for a fixed period, or, failing 
such nomination, the vice-chairman, shall preside at all 
meetings of the commission, and in case of an equality of 
votes shall have a casting vote. Two members of the com- 
mission shall form a quorum. In case the commission 



404 FEDBEAL AND UNIFIED CONSTITUTIONS 

shall consist of four or more members, three of them shall 
form a quorum. 

5. Any member of the commission who dissents from 
the decision of a majority shall be entitled to have the 
reasons for his dissent recorded in the minutes of the com- 
mission. 

6. The members of the commission shall have access 
to all official papers concerning the territories, and they 
may deliberate on any matter relating thereto and tender 
their advice thereon to the Prime Minister. 

7. Before coming to a decision on any matter relating 
either to the administration, other than routine, of the 
territories or to legislation therefor, the Prime Minister 
shall cause the papers relating to such matter to be de- 
posited with the secretary to the commission, and shall 
convene a meeting of the commission for the purpose of 
obtaining its opinion on such matter. 

8. Where it appears to the Prime Minister that the 
despatch of any communication or the making of any 
order is urgently required, the communication may be sent 
or order made, although it has not been submitted to a 
meeting of the commission or deposited for the perusal 
of the members thereof. In any such case the Prime 
Minister shall record the reasons for sending the com- 
munication or making the order and give notice thereof to 
every member. 

9. If the Prime Minister does not accept a recommenda- 
tion of the commission or proposes to take some action 
contrary to their advice, he shall state his views to the 
commission, who shall be at liberty to place on record the 
reasons in support of their recommendation or advice. 
This record shall be laid by the Prime Minister before the 
Governor- General in Council, whose decision in the matter 
shall be final. 

10. When the recommendations of the commission 
have not been accepted by the Governor- General in 
Council, or action not in accordance with their advice has 
been taken by the Governor-General in Council, the Prime 
Minister, if thereto requested by the commission, shall lay 



THE CONSTITUTION OF SOUTH AFEICA 405 

the record of their dissent from the decision or action 
taken and of the reasons therefor before both Houses of 
Parliament, unless in any case the Governor- General in 
Council shall transmit to the commission a minute record- 
ing his opinion that the publication of such record and 
reasons would be gravely detrimental to the public 
interest. 

11. The Governor-General in Council shall appoint a 
resident commissioner for each territory, who shall, in ad- 
dition to such other duties as shall be imposed on him, 
prepare the annual estimates of revenue and expenditure 
for such territory, and forward the same to the secretary to 
the commission for the consideration of the commission 
and of the Prime Minister. A proclamation shall be issued 
by the Governor- General in Council, giving to the provi- 
sions for revenue and expenditure made in the estimates 
as finally approved by the Governor-General in Council 
the force of law. 

12. There shall be paid into the Treasury of the Union 
all duties of customs levied on dutiable articles imported 
into and consumed in the territories, and there shall be 
paid out of the Treasury annually towards the cost of ad- 
ministration of each territory a sum in respect of such 
duties which shall bear to the total customs revenue of the 
Union in respect of each financial year the same pro- 
portion as the average amount of the customs revenue 
of such territory for the three completed financial years 
last preceding the taking effect of this Act bore to the 
average amount of the whole customs revenue for all the 
Colonies and territories included in the Union received 
during the same period. 

13. If the revenue of any territory for any financial 
year shall be insufficient to meet the expenditure thereof, 
any amount required to make good the deficiency may, 
with the approval of the Governor-General in Council, 
and on such terms and conditions and in such manner as 
with the like approval may be directed or prescribed, be 
advanced from the funds of any other territory. In de- 
fault of any such arrangement, the amount required to 



406 FBDEEAL AND UNIFIED CONSTITUTIONS 

make good any such deficiency shall be advanced by the 
Government of the Union. In case there shall be a sur- 
plus for any territory, such surplus shall in the first 
instance be devoted to the repayment of any sums pre- 
viously advanced by any other territory or by the Union 
Government to make good any deficiency in the revenue 
of such territory. 

14. It shall not be lawful to alienate any land in 
Basutoland or any land forming part of the native re- 
serves in the Bechuanaland protectorate and Swaziland 
from the native tribes inhabiting those territories. 

15. The sale of intoxicating liquor to natives shall be 
prohibited in the territories, and no provision giving 
facilities for introducing, obtaining, or possessing such 
liquor in any part of the territories less stringent than 
those existing at the time of transfer shall be allowed. 

16. The custom, where it exists, of holding pitsos or 
other recognised forms of native assembly shall be main- 
tained in the territories. 

17. No differential duties or imposts on the produce 
of the territories shall be levied. The laws of the Union 
relating to customs and excise shall be made to apply to 
the territories. 

18. There shall be free intercourse for the inhabitants 
of the territories with the rest of South Africa subject to 
the laws, including the pass laws, of the Union. 

19. Subject to the provisions of this Schedule, all 
revenues derived from any territory shall be expended for 
and on behalf of such territory : Provided that the 
Governor-General in Council may make special provision 
for the appropriation of a portion of such revenue as a 
contribution towards the cost of defence and other services 
performed by the Union for the benefit of the whole of 
South Africa, so, however, that that contribution shall not 
bear a higher proportion to the total cost of such services 
than that which the amount payable under paragraph 12 
of this Schedule from the Treasury of the Union towards 
the cost of the administration of the territory bears to the 
total customs revenue of the Union on the average of the 



THE CONSTITUTION OF SOUTH AFEICA 407 

three years immediately preceding the year for which the 
contribution is made. 

20. The King may disallow any law made by the 
Governor- General in Council by proclamation for any 
territory within one year from the date of the proclamation, 
and such disallowance on being made known by the 
Governor- General by proclamation shall annul the law 
from the day when the disallowance is so made known. 

21. The members of the commission shall be entitled 
to such pensions or superannuation allowances as the 
Governor-General in Council shall by proclamation pro- 
vide, and the salaries and pensions of such members and 
all other expenses of the commission shall be borne by the 
territories in the proportion of their respective revenues. 

22. The rights as existing at the date of transfer of 
officers of the public service employed in any territory 
shall remain in force. 

23. Where any appeal may by law be made to the 
King in Council from any court of the territories, such 
appeal shall, subject to the provisions of this Act, be made 
to the Appellate Division of the Supreme Court of South 
Africa. 

24. The Commission shall prepare an annual report 
on the territories, which shall, when approved by the 
Governor-General in Council, be laid before both Houses 
of Parliament. 

25. All bills to amend or alter the provisions of this 
Schedule shall be reserved for the signification of His 
Majesty's pleasure. 



THE GEKMAN CONSTITUTION, 1919. 1 

[" British and Foreign State Papers," vol. 112 (1919), pp. 1063-1094. 
An accessible translation is that published by H.M. Stationery 
Office, 1919. Extracts from this version are given below.] 

This Constitution has been framed by the united German 
people, inspired by the determination to restore and establish 
their Federation upon a basis of liberty and justice, to be of 
service to the cause of peace both at home and abroad, and to 
promote social progress. 

PAET I. 

CONSTRUCTION AND DUTIES OF THE FEDERATION. 
SECTION I. 

FEDERATION AND STATES. 

Article 1. 

The German Federation is a Republic. 

The supreme power proceeds from the people. 

Article 2. 

The Federal territory consists of the territories of the German 
States. Other territories may, by Federal law, be admitted 
within the Federation, if desired by their population, in virtue 
of the right of self-determination. 

1 A declaration that all provisions of their Constitution which are in 
contradiction with the terms of the Treaty of Peace are null and void, was 
signed on the 22 ad September, 1919, at Paris by the acting Head of the 
German Delegation. 

408 



THE GERMAN CONSTITUTION, 1919 409 

Article 3. 

The Federal colours are black, red and gold. The com- 
mercial flag is black, white and red, with the Federal colours in 
the upper inside corner. 

Article 4. 

The universally recognized rules of International Law are 
valid as binding constituent parts of German Federal Law. 

Article 5. 

The executive power is exercised in Federal affairs through 
the institutions of the Federation, in virtue of the Federal 
constitution, and in State affairs by the officials of the States, 
in virtue of the constitutions of the States. 

Article 6. 

The Federal Government has sole legislative power as 
regards : 

1. Foreign relations ; 

2. Colonial affairs ; 

3. Nationality, right of domicile, immigration, emigration 

and extradition ; 

4. Military organization ; 

5. The monetary system ; 

6. The customs department, as well as uniformity in the 

sphere of customs and trade, and freedom of commercial 
intercourse ; 

7. The postal and telegraph services, including the tele- 

phone service. 

Article 7. 
The Federal Government has legislative power as regards : 

1. Civic rights ; 

2. Penal power ; 

3. Judicial procedure, including the carrying out of sentences, 

as well as official co-operation between authorities ; 

4. The passport office and the police supervision of 

foreigners ; 

5. The poor-law system and the provision for travellers ; 

6. The Press, trades-unions and the right of assembly ; 



410 FBDEEAL AND UNIFIED CONSTITUTIONS 

7. The population question, and the care of motherhood, 

infants, children and young persons ; 

8. The health and veterinary departments, and the protection 

of plants against disease and damage from pests ; 

9. Labour laws, the insurance and protection of the workers 

and employees, together with Labour Bureaux ; 

10. The organization of competent representation for the 

Federal territory ; 

11. The care of all who took part in the war, and of their 

dependants ; 

12. The law of expropriation ; 

13. The formation of associations for dealing with natural 
resources and economic undertakings, as well as the 
production, preparation, distribution and determination 
of prices of economic commodities for common use ; 

14. Commerce, the system of weights and measures, the 
issue of paper money, banking affairs and the system of 
exchange ; 

15. Traffic in foodstuffs and luxuries, as well as in articles of 

daily necessity ; 

16. Industry and mining ; 

17. Insurance matters ; 

18. Navigation, deep sea and coastal fishery ; 

19. Eailways, inland waterways, motor traffic by land, water 

and air, as well as the construction of high-roads, so far 
as this is concerned with general traffic and home de- 
fence ; 

20. Theatres and cinemas. 

Article 8. 

Further, the Federal Government has legislative power as 
regards taxes and other sources of revenue, in so far as they are 
claimed wholly or in part for Federal purposes. Where the 
Federal Government demands taxes or other sources of revenue 
hitherto appertaining to the various States, it must take into 
consideration the maintenance of the vitality of those States. 

Article 9. 

Where there is need for the issue of uniform regulations, 
the Federal Government has legislative power as regards : 



THE GEEMAN CONSTITUTION, 1919 411 

1. Sanitary administration ; 

2. The maintenance of public order and safety. 

Article 10. 

In the course of legislation, the Federal Government may 
draw up regulations for : 

1. The rights and duties of religious societies ; 

2. Public instruction, including universities, and the depart- 

ment of scientific literature ; 

3. The rights of the officials of all public corporations ; 

4. The land laws, the distribution of land, questions re- 

garding colonization settlements, the tenure of landed 
property, the housing question and the distribution of 
the population ; 

5. Questions regarding burial. 

Article 11. 

In the course of legislation, the Federal Government may 
draw up regulations as to the admissibility and mode of col- 
lection of State taxes, in so far as they are requisite for the 
purpose of preventing : 

1. Loss of revenue or action prejudicial to the commercial 

relations of the Federation ; 

2. Double taxation ; 

3. Charges for the use of public lines of communication and 

their accessories, which are excessive, and constitute a 
hindrance to traffic ; 

4. Assessments which are prejudicial to imported goods, as 

opposed to home products, in dealings between the 
separate States and parts of a State, or 

5. Bounties on exportation, 

or for the protection of important social interests. 

Article 12. 

So long and in so far as the Federal Government does not 
make use of its legislative power, the States retain that power 
for themselves. This does not apply to the exclusive legislative 
power of the Federal Government. 

The Federal Government has the right of veto in respect of 
any laws of a State which refer to subjects included in Article 7, 



412 FEDERAL AND UNIFIED CONSTITUTIONS 

paragraph 13, in so far as the welfare of the community in 
general is thereby affected. 

Article 13. 

Federal law overrides State law. Where there exists any 
doubt or difference of opinion as to whether a regulation of 
State law is compatible with Federal law, an appeal may be 
made by the competent Federal or State authorities to the 
decision of the highest tribunal of the Federation for a more 
exact interpretation of the Federal law. 

Article 14. 

Federal laws are carried into execution by the State 
authorities, unless these laws decree otherwise. 

Article 15. 

The Federal Government exercises control in those affairs in 
which it holds the legislative power. 

In so far as Federal laws are carried into execution by State 
authorities, the Federal Government may issue general in- 
structions. For the purpose of supervision of the execution of 
Federal laws, the Government is empowered to despatch com- 
missioners to the State central authorities, and, with their 
consent, to the subordinate authorities. 

It is the duty of the State Governments, at the request of 
the Federal Government, to remedy defects observed in the 
execution of Federal laws. In case of differences of opinion, 
both the Federal Government and the State Government may 
appeal to the decision of the Supreme Court of Judicature, 
where no other court has been determined by Federal law. 

Article 16. 

Officials entrusted with the direct Federal administration in 
the various States shall, as a rule, be natives of the State in 
question. Officials, employees and workmen of the Federal ad- 
ministration shall, if they desire it, be employed as far as 
possible in their native districts, unless considerations of training 
or the exigencies of the service are opposed to this course. 



THE GBEMAN CONSTITUTION, 1919 413 

Article 17. 

Each State must have a republican constitution. The repre- 
sentatives of the people must be elected by the universal, equal, 
direct and secret suffrage of all men and women of the German 
Federation, upon the principles of proportional representation. 
The State Government requires the confidence of the people's 
representatives. 

The principles underlying elections of the people's repre- 
sentatives apply also to municipal elections. By a State law 
the qualification for a vote may, however, be declared con- 
ditional upon a year's residence in the district. 

Article 18. 

The organization of the Federation into States shall serve 
the best economic and educational interests of the people, with 
all due consideration for the will of the population concerned. 
Alteration of the territory of the States, and the formation of 
new States within the Federation, shall be effected by means of 
a Federal law making an alteration in the constitution. 

Where the States concerned give their direct consent, a 
simple Federal law suffices. 

A simple Federal law suffices also, in a case where the con- 
sent of one of the States concerned has not been obtained, but 
where an alteration of territory or reorganization is demanded by 
the will of the population and required by paramount Federal 
interests. 

The will of the population shall be ascertained by voting. 
The Federal Government orders the taking of the vote, when 
demanded by one-third of those inhabitants of the territory to 
be separated, who are entitled to vote for the Eeichstag. 

For the determination of an alteration or reorganization of 
territory, the proportion of votes required is three-fifths of the 
number cast, or, at the least, a majority of the votes of persons 
qualified. Even when it is a question of the separation of only 
a portion of a Prussian administrative area (Regierungsbezirk), 
a Bavarian district (Kreis), or of a corresponding administrative 
district (Verwaltungsbezirk) in other States, the will of the popu- 
lation of the whole district in question shall be ascertained. 
Should the area of the territory to be separated and that of the 



414 FEDERAL AND UNIFIED CONSTITUTIONS 

whole district (Bezirk) not coincide, the will of the population 
of the former may, by means of a special Federal law, be declared 
sufficient. 

The consent of the population having been obtained, the 
Federal Government shall lay before the Reichstag a law in ac- 
cordance with the decision. 

In the case of union or separation, should any dispute arise 
on the question of arrangements as to property, the decision on 
such points shall be given, upon an application from one party, 
by the Supreme Court of Judicature of the German Federation. 

Article 19. 

Constitutional controversies within a State in which no court 
exists for their settlement, as well as disputes not of a private 
nature, between different States or between the Federation and 
a State, shall be decided, upon an application from one of the 
parties, by the Supreme Court of Judicature for the German 
Federation, where it is not the business of another Federal 
tribunal. 

The Federal President of the Federation carries out the 
decision of the Supreme Court of Judicature. 

SECTION II. 
THE REICHSTAG. 

Article 20. 

The Reichstag is an Assembly composed of the deputies of 
the German people. 

Article 21. 

The deputies are representatives of the whole people. They 
are subject to their conscience only, and not bound by any 
mandates. 

Article 22. 

The deputies are elected by the universal, equal, direct and 
secret suffrage of all men and women above the age of 20, upon 
the principles of proportional representation. Elections must 
take place on a Sunday, or a public holiday. 

Details are determined by the Federal election law. 



THE GEEMAN CONSTITUTION, 1919 415 

Article 23. 

The Eeichstag is elected for four years. The general 
election must take place not later than sixty days after dissolu- 
tion. The Eeichstag must assemble not less than thirty days 
after the election. 

Article 24. 

The Eeichstag assembles annually on the first Wednesday 
in November at the seat of the Federal Government. The 
President of the Eeichstag must summon it earlier, if requested 
by the President of the Federation or by at least one-third of the 
members. The Eeichstag determines the conclusion of the 
session and the day of re-assembly. 

Article 25. 

The President of the Federation may dissolve the Eeichstag, 
but only once for any one reason. The general election will take 
place not later than sixty days after the dissolution. 

Article 26. 

The Eeichstag elects the President, his Deputy and Secretary, 
and draws up its Standing Orders. 

Article 27. 

Between two sessions or elective periods the President and 
Deputy of the last session remain in office. 

Article 28. 

The President exercises domestic and police authority within 
the Eeichstag buildings. He is responsible for the administration 
of the House ; regulates receipts and expenditure in proportion 
to the requirements of the Federal budget, and represents the 
Federation in all the legal business and legal disputes of his 
administration. 

Articles 29, 30 and 31. 

[These Articles provide for the publicity of debates, and for 
the establishment of a tribunal to scrutinize the poll and ad- 
judicate concerning the deputies.] 



416 FEDERAL AND UNIFIED CONSTITUTIONS 

Article 32. 

For a decision of the Reichstag, a simple majority is required, 
where no other proportion of votes is prescribed by the Consti- 
tution. Standing Orders may permit exceptions in the case of 
elections to be undertaken by the Reichstag. The number re- 
quired to form a quorum is regulated by Standing Orders. 

Article 33. 

The Reichstag and its Committees may require the presence 
of the Federal Chancellor and of any Federal Minister. 

The Federal Chancellor, the Federal Minister and Com- 
missioners appointed by them, have access to the sittings of the 
Reichstag and its Committees. The States are entitled to send 
plenipotentiaries to these sittings, for the purpose of stating the 
point of view of their Government with regard to the subject 
under discussion. 

At their request, the Government representatives must be 
heard during the debate, also the representatives of the Federal 
Government, without regard to the Order of the Day. 

They are subject to the authority of the President. 

Article 34. 

The Reichstag has the right which, on the motion of a fifth 
of its members, becomes an obligation to appoint Committees 
of Enquiry. These Committees examine evidence considered 
necessary by themselves or by the movers of the motion for 
their appointment. The proceedings are public, but may be 
held in private if desired by the Committee, and supported by a 
two-thirds' majority. The proceedings of the Committee are 
regulated and the number of its members determined by 
Standing Orders. 

The Courts and administrative authorities are bound to 
comply with the request of such Committees for the production 
of evidence ; the documents of the authorities must be laid 
before them if desired. Wherever applicable, the regulations as 
to criminal procedure are made use of in the investigations of 
the Committees and of the authorities applied to by them, but 
the privacy of correspondence and of the Postal, Telegraph and 
Telephone Services must be respected. 



THE GEEMAN CONSTITUTION, 1919 

Article 35. 

The Reichstag appoints a Standing Committee for Foreign 
Affairs which may also continue its work beyond the session 
of the Reichstag and after the termination of the election, or 
the dissolution of the Reichstag, until the assembly of the new 
Reichstag. The sittings of this Committee are not public unless 
so decreed by the Committee upon a two-thirds' majority. 

The Reichstag also appoints a Standing Committee, for the 
protection of the rights of the representation of the people in 
relation to the Federal Government, for the time following the 
session, and after the termination of an election. 

These Committees have the same power as Committees of 
Enquiry. 

Articles 36 and 37. 

[Members of the Reichstag may not be proceeded against on 
account of their actions in the House. No Member may be 
arrested during a Session without consent of the House.] 

Article 38. 

[Members may refuse evidence concerning matters confided 
to them in their capacity as deputies.] 

Article 39. 

[Members of the Military Forces do not require leave for the 
exercise of their duties as deputies, and will be granted leave to 
prepare for an election.] 

Article 40. 
[Members to have free railway passes.] 



SECTION III. 

THE PEESIDENT OF THE FEDEBATION AND THE FEDEKAI 
GOVEBNMENT. 

Article 41. 

The President of the Federation is elected by the whole Ger- 
man people. 

Every German who has completed his 35th year is eligible. 
Details are determined by a Federal law. 

27 



418 FEDERAL AND= UNIFIED CONSTITUTIONS 

Article 42. 

The President of the Federation when entering upon his 
office in the Keichstag, takes the following oath : 

" I swear to dedicate my powers to the welfare of the Ger- 
man people, to enlarge their sphere of usefulness, to guard them 
from injury, to observe the Constitution and the laws of the 
Federation, to fulfil my duties conscientiously, and to do justice 
to every man." 

The addition of a religious asseveration is permissible. 

Article 43. 

The President of the Federation remains in office for seven 
years. Re-election is permissible. 

Before the expiration of the set term, the President of the 
Federation may, upon the motion of the Reichstag, be removed 
from office by the vote of the people. The decision of the 
Reichstag requires a two-thirds' majority. By such a decision, 
the President of the Federation is prevented from the further 
exercise of his office. The refusal to remove him from office, 
expressed by the vote of the people, is equivalent to re-election, 
and involves the dissolution of the Reichstag. 

Penal proceedings may not be taken against the President of 
the Federation without the consent of the Reichstag. 

Article 44. 

The President of the Federation cannot at the same time be 
a member of the Reichstag. 

Article 45. 

The President of the Federation represents the Federation 
in international relations. He concludes alliances and other 
treaties with Foreign Powers in the name of the Federation. 
He accredits and receives Ambassadors. 

The declaration of war and the conclusion of peace are 
dependent upon the passing of a Federal law. 

Alliances and treaties with foreign states, which refer to 
subjects of Federal legislation, requke the consent of the 
Reichstag. 



THE GBEMAN CONSTITUTION, 1919 419 

Article 46. 

The President of the Federation appoints and dismisses 
Federal officials and officers, where no other system is deter- 
mined by law. He may depute these powers to other authori- 
ties. 

Article 47. 

The President of the Federation has Supreme Command over 
all the Armed Forces of the Federation. 

Article 48. 

In the case of a State not fulfilling the duties imposed on it 
by the Federal Constitution or the Federal laws, the President 
of the Federation may enforce their fulfilment with the help of 
armed forces. 

Where public security and order are seriously disturbed or 
endangered within the Federation, the President of the Federa- 
tion may take the measures necessary for their restoration, in- 
tervening in case of need with the help of armed forces. For 
this purpose he is permitted, for the time being, to abrogate, 
either wholly or partially, the fundamental laws laid down in 
Articles 114, 115, 117, 118, 123, 124 and 153. 

The President of the Federation must, without delay, inform 
the Reichstag of any measures taken in accordance with para- 
graphs 1 or 2 of this Article. Such measures shall be withdrawn 
upon the demand of the Eeichstag. 

Where there is danger in delay, the State Government may 
take provisional measures of the kind described in paragraph 2, 
for its own territory. Such measures shall be withdrawn upon 
the demand of the President of the Federation or the Eeichstag. 

Details are determined by a Federal law. 

Article 49. 

The President of the Federation exercises the prerogative of 
mercy for the Federation. 

Amnesties require a Federal law. 

Article 50. 

All orders and decrees of the President of the Federation, 
including those relating to the Armed Forces, require for their 

27* 



420 FEDBEAL AND UNIFIED CONSTITUTIONS 

validity the countersignature of the Federal Chancellor or the 
competent Federal Minister. The countersignature implies the 
undertaking of responsibility. 

Article 51. 

In case of any disability, the President of the Federation is 
represented by the Chancellor of the Federation. Should it be 
probable that the disability might continue for some time, his 
representative shall be appointed by a Federal law. 

The same applies in the case of premature vacancy in the 
office of President, up to the completion of the new election. 

Article 52. 

The Federal Government consists of the Chancellor of the 
Federation and the Federal Ministers. 

Article 53. 

The President of the Federation appoints and dismisses the 
Chancellor of the Federation, and, on the latter's recommenda- 
tion, the Federal Ministers. 

Article 54. 

The Chancellor of the Federation and the Federal Ministers 
require, for the administration of their office, the confidence of 
the Reichstag. Any one of them must resign, should the con- 
fidence of the House be withdrawn by an express resolution. 

Article 55. 

The Chancellor of the Federation presides over the Federal 
Government and directs its business, according to a standing 
order drawn up by the Federal Government and approved by 
the President of the Federation. 

Article 56. 

The Chancellor of the Federation determines the main lines 
of policy, for which he is responsible to the Reichstag. Within 
these main lines each Federal Minister directs independently 
the department entrusted to him, for which he is personally re- 
sponsible to the Reichstag. 



THE GEEMAN CONSTITUTION, 1919 421 

Article 57. 

The Federal Ministers must submit to the Federal Govern- 
ment for advice and decision the drafts of all Bills, also all 
matters for which such a course is prescribed by the Constitu- 
tion, or by law, as well as differences of opinion upon questions 
affecting the sphere of action of several Federal Ministers. 

Article 58. 

The Federal Government comes to a decision by the majority 
of votes. In case of an even vote the Speaker gives the casting 
vote. 

Article 59. 

The Reichstag is entitled to arraign the President of the 
Federation, Federal Chancellor and the Federal Ministers, be- 
fore the Supreme Court of Judicature for the German Federa- 
tion, for culpable violation of the Federal Constitution, or of a 
Federal law. The motion for the arraignment must be signed 
by at least one hundred members of the Reichstag, and requires 
the consent of the majority prescribed for alterations of the 
Constitution. Details are regulated by the Federal law as to 
the Supreme Court of Judicature. 

SECTION IV. 
THE FEDERAL COUNCIL (Reichsrat). 

Article 60. 

A Reichsrat is formed for the representation of the German 
States in Federal legislation and administration. 

Article 61. 

In the Reichsrat, each State has at least one vote. In the 
larger States, one vote is assigned for each million inhabitants. 
A surplus, which is not less than the total population of the 
smallest State, is reckoned as a million. No State may be 
represented by more than two-fifths of all the votes. 

German Austria will, after her union with the German 

1 The second part of Article 61 comes within the meaning of the declara- 
tion signed at Paris on the 22nd September, 1919, by the acting Head of the 
German Delegation, vide footnote on page 408. 



422 FEDERAL AND UNIFIED CONSTITUTIONS 

Federation, acquire the right of participation in the Reichsrat, 
with the number of votes corresponding to her population. 
Until that time, the representatives of German Austria have the 
right of being heard. 

The number of votes shall be redistributed by the Reichsrat, 
after each general census. 

Article 62. 

In Committees appointed by the Reichsrat from its members 
no State sball have more than one vote. 

Article 63. 

The States are represented in the Reichsrat by members of 
their Governments. However, one-half of the Prussian votes 
are assigned, according to a State law, to representatives of 
Prussian Provincial administrations. 

The States are entitled to send to the Council as many re- 
presentatives as the number of votes assigned to them. 

Article 64. 

The Federal Government must convene the Reichsrat upon 
the demand of one-third of its members. 

Article 65. 

The Reichsrat and its Committees are presided over by a 
member of the Federal Government. The members of the latter 
are entitled, and, if requested, are bound, to take part in the 
deliberations of the Reichsrat and its Committees. They must 
be heard upon their demand at any time during the debate. 

Article 66. 

The Federal Government, as well as any member of the 
Reichsrat, are authorized to lay proposals before the Reichsrat. 

The Reichsrat regulates its business procedure by Standing 
Orders. 

The full sittings of the Reichsrat are open to the public, but 
the latter may be excluded during the discussion of certain sub- 
jects, in accordance with Standing Orders. 

In taking the vote, a simple majority suffices for decision. 



THE GEEMAN CONSTITUTION, 1919 423 

Article 67. 

The Keichsrat shall be kept in touch by the Federal Minis- 
tries with the progress of affairs in the Federation. In discus- 
sions upon important subjects the Committees of the Eeichsrat 
concerned shall be summoned to attend by the Federal 
Ministries. 

SECTION V. 

FEDERAL LEGISLATION. 

Article 68. 

Bills are introduced by the Federal Government, or by 
Members of the Eeichstag. 

Federal laws are passed by the Eeichstag. 

Article 69. 

The introduction of Bills by the Federal Government requires 
the consent of the Eeichsrat. Should the Government and the 
Eeichsrat not be in agreement, the former may, nevertheless, 
introduce the Bill, but, in doing so, must state the divergent 
views of the Eeichsrat. 

Should the Eeichsrat adopt a bill to which the Government 
does not agree, the latter must introduce the bill in the Eeichstag 
with a statement of their point of view. 

Article 70. 

The President of the Federation shall prepare for publication 
the laws which have received sanction in accordance with the 
Constitution, and, within the period of one month, shall promul- 
gate them in the Federal Gazette (Reichsgesetzblatt). 

Article 71. 

Federal laws come into force, if no different decision has 
been made, fourteen days from the day on which the Federal 
Gazette (Reichsgesetzblatt) was published in the Federal capital. 

Article 72. 

The promulgation of a Federal law shall be deferred for two 
months, if one-third of the Eeiqhstag demands it. Laws vyhich 



424 FEDEEAL AND UNIFIED CONSTITUTIONS 

both the Beichstag and the Eeichsrat declare to be urgent may, 
however, be promulgated by the President of the Federation, in 
spite of such a demand. 

Article 73. 

A law passed by the Keichstag shall, before its promulgation, 
be submitted to the decision of the people, if the President of 
the Federation so determines, within one month. 

A law, the promulgation of which is deferred on the proposal 
of at least one-third of the Eeichstag, shall be submitted to the 
decision of the people, if desired by one-twentieth of those en- 
titled to the franchise. Further, there may be an appeal to the 
decision of the people, if requested by one-tenth of those entitled 
to the franchise, after the production of a draft-bill. The 
people's request, which must be supported by a complete draft 
of the Bill, shall be submitted to the Eeichstag by the Govern- 
ment, accompanied by a statement of their attitude towards it. 
The appeal of the people shall not take place if the desired Bill 
be adopted without the alteration in the Eeichstag. 

With regard to the budget, to laws dealing with taxation, and 
to regulations as to pay, only the President of the Federation 
has the right of bringing about an appeal to the people. 

The methods of procedure for an appeal to, or a demand by, 
the people, are regulated by a Federal law. 

Article 74. 

The Eeichsrat has the right of protest against a law passed 
by the Eeichstag. 

This protest must be lodged with the Federal Government 
within two weeks after the final vote in the Eeichstag, and must 
be supported by reasons, presented within another two weeks at 
latest. 

In case of a protest, the law shall be brought before the 
Eeichstag for further consideration. Should the Eeichstag and 
the Eeichsrat not arrive at an agreement, the President of the 
Federation may, within three months, order an appeal to the 
people upon the subject in dispute. Should the President not 
make use of this right, the law does not come into operation. 
Should the Eeichstag decide by a two-thirds' majority against 



THE GEBMAN CONSTITUTION, 1919 425 

the protest of the Eeichsrat, the President must either promul- 
gate the law within three months, in the form approved by the 
Reichstag, or order an appeal to the people. 

Article 75. 

A decision of the Eeichstag can only be annulled by the 
decision of the people, where a majority of those entitled to the 
franchise have taken part in the vote. 

Article 76. 

The Constitution may be altered by legislation. But decisions 
of the Eeichstag as to such alterations come into effect only if 
two-thirds of the legal total of members be present, and if at 
least two-thirds of those present have given their consent. 
Decisions of the Keichsrat in favour of alteration of the Constitu- 
tion also require a majority of two-thirds of the votes cast. 
Where an alteration of the Constitution is decided by an appeal 
to the people at their request, the consent of the majority of 
voters is necessary. 

Should the Reichstag have decided upon an alteration of the 
Constitution in spite of the protest of the Reichsrat, the Pre- 
sident of the Federation is not allowed to promulgate this law 
if the Reichsrat, within two weeks, demands an appeal to the 
people. 

Article 77. 

The Federal Government issues the general administrative 
instructions necessary for the execution of Federal laws, so far 
as there are no legal enactments to the contrary. For this 
purpose, the Government needs the consent of the Reichsrat, 
when the execution of Federal laws is the business of the State 
authorities. 

SECTION VI. 
FEDERAL ADMINISTRATION. 

Article 78. 

The administration of relations with foreign States is ex- 
clusively the business of the Federation. 

In affairs regulated by State legislation, the States may con- 
clude agreements with foreign States. These agreements require 
the consent of the Federation. 



426 FEDERAL AND UNIFIED CONSTITUTIONS 

Conventions with Foreign States as to the alteration of the 
Federal frontiers are concluded by the Federal Government, 
with the consent of the State concerned. Alterations in the 
frontier may be effected only as the result of a Federal law, 
except in the case of a simple rectification of the borders of un- 
inhabited portions of a district. 

In order to guarantee the representation of interests arising 
for certain States from their special economic relations, or their 
position in regard to foreign States, the Federal Government 
undertakes the requisite arrangements and measures in agree- 
ment with the States concerned. 

Article 79. 

The defence of the Federation is a Federal question. The 
military constitution of the German people is regulated uni- 
formly by means of a Federal law, having regard to the in- 
dividual conditions of each State. 

Article 80. 

Colonial affairs are exclusively the business of the Federal 
Government. 

Article 81. 
All German merchantmen form a uniform commercial fleet. 

Article 82. 

Germany forms one customs and commercial district, 
surrounded by one common customs frontier. The customs 
frontier coincides with that bordering foreign countries. On 
the sea, it is formed by the shore of the mainland, and the 
islands belonging to Federal territory. For the course of the 
customs frontier on the sea or on other bodies of water, devia- 
tions may be fixed. 

The territories, or portions of the territories of a foreign State, 
may be included in the customs district by State treaties or by 
agreement. 

In special circumstances certain parts may be excluded from 
the customs district. With regard to free ports, exclusion can 
be set aside only by means of a law altering the Constitution. 

Places excluded from the customs may join a foreign cus- 
toms district bv means of State treaties, or bv agreement. 



THE GEBMAN CONSTITUTION, 1919 427 

All natural products, as well as products of manufacture and 
industry, which are allowed free trade within the Federation, 
may be transported in any direction across the frontier of the 
States and municipalities. Exceptions may be allowed by a 
Federal law. 

Article 83. 

Customs and duties upon articles of consumption are ad- 
ministered by the Federal authorities. 

In the administration of Federal taxes by Federal authorities, 
arrangements shall be made so as to ensure to the various States 
the protection of special State interests within the domain of 
agriculture, trade, manufacture and industry. 

Article 84. 

The Federal Government takes measures by means of laws 
in respect of : 

1. The organization of the administration of taxes in the 

States, so far as is required for the purpose of uniform 
and equal execution of the Federal laws on taxation ; 

2. The organization and powers of the authorities entrusted 

with the superintendence of the execution of Federal 
laws on taxation ; 

3. The settlement of accounts with the States ; 

4. The reimbursement of expenses of administration in the 

execution of the Federal laws on taxation. 

Article 85. 

All receipts and expenditure of the Federation must be 
estimated for each financial year, and shown in the budget. 

The budget is fixed by law, before the opening of the financial 
year. 

Items of expenditure are, as a rule, granted for one year ; in 
special cases, they may be granted for a longer period. In other 
respects, provisions in the Federal budget law, which extend 
beyond the financial year, or do not refer to the receipts and 
expenditure of the Federation, or their administration, are in- 
admissible. 

In the draft of the budget, the Eeichstag may neither in- 
crease items of expenditure, nor include new ones, without 



428 FEDEEAL AND UNIFIED CONSTITUTIONS 

consent of the Eeichsrat. Instead of the consent of the Eeichs- 
rat, the provisions of Article 74 may be applied. 

Article 86. 

In the following financial year the Chancellor of the 
Exchequer presents to the Eeichsrat and the Eeichstag an 
account of the application of all Federal receipts, thus relieving 
the Government of responsibility. The auditing of the account 
is regulated by Federal law. 

Article 87. 

Funds may be obtained upon credit only in case of special 
necessity, and, as a rule, only for expenditure on productive 
undertakings. Such a proceeding, as well as the acceptance of 
a security chargeable to the Federation, may only be effected 
upon the authority of a Federal law. 

Article 88. 

The postal and telegraph services, together with the tele- 
phone services, are exclusively the affair of the Federation. 

Postage stamps are uniform for the whole Federation. 

The Federal Government, with the consent of the Eeichsrat, 
issues the instructions which determine the principles and 
charges for the use of the means of communication. With the 
consent of the Eeichsrat, the Government may transfer these 
powers to the Postmaster-General. 

For the purpose of consultative co-operation in the affairs of 
postal, telegraphic and telephonic communication, and of the 
tariffs, the Federal Government shall, with the consent of the 
Eeichsrat, establish an advisory Council. 

Treaties referring to communication with foreign countries 
are concluded only by the Federal Government. 

Article 89. 

It is the duty of the Federal Government to assume owner- 
ship of the railways serving for general traffic, and to manage 
them on a uniform traffic system. 

The rights of States to acquire private railways shall be trans- 
ferred, upon demand, to the Federal Government. 



THE GEEMAN CONSTITUTION, 1919 429 

Article 90. 

With the transfer of the railways, the Federal Government 
assumes the power of expropriation and the sovereign rights of 
the States as regards the railway service. The Supreme Court 
of Judicature decides, in case of dispute, as to the extent of such 
rights. 

Article 91. 

The Federal Government, with the consent of the Keichsrat, 
issues orders for regulating the construction, management and 
working of the railways. With the consent of the Eeichsrat, 
the Government may transfer these powers to the duly qualified 
Federal Minister. 

Article 92. 

[Federal railways are to be administered as a separate 
economic concern.] 

Article 93. 

[The Federal Government shall establish advisory Councils 
for the Federal railways.] 

Article 94. 

[The Federal Government (1) must be consulted with regard 
to the construction of new railways in one of its districts ; (2) 
may, if desirable, lay down railways in spite of opposition by the 
States whose territory is traversed ; (3) may link up existing 
railways.] 

Article 95. 

[Other general railways are subject to inspection by the 
Federal Government.] 

Article 96. 

[All railways must submit to use by the Federal Government 
for the purposes of State defence.] 

Article 97. 

[The Federal Government (1) assumes ownership of all 
waterways for general traffic ; (2) must be consulted regarding 
the construction of new waterways of this character ; (3) must 
consider the necessities of agriculture and water supply in this 



430 FEDEKAL AND UNIFIED CONSTITUTIONS 

connection ; (4) assumes control of tariffs, river and maritime 
police and takes over the duties of the Kiver Works Department. 
Every department for the administration of waterways must 
allow others to be linked with it.] 

Article 98. 

[Advisory Councils for the waterways to be established with 
the consent of the Beichsrat in accordance with the instructions 
of the Federal Government.] 

Article 99. 

[Navigation taxes to be levied to defray the cost of mainten- 
ance of waterways. The Federal Government alone can impose 
differential taxes on foreign ships.] 

Article 100. 

[Contributions for the expenses of inland waterways may be 
levied, by a Federal law, from those who profit from the dams 
in other ways than by navigation.] 

Article 101. 
[The Federal Government must administer all sea beacons.] 

SECTION VII. 
ADMINISTRATION OF JUSTICE. 

Article 102. 

Judges are independent and subject only to the law. 
Article 103. 

The regular jurisdiction is exercised by the Federal High 
Court of Justice, and the courts of justice of the States. 

Article 104. 

The judges of the regular jurisdiction are appointed for life. 
They may be removed from office permanently or temporarily 
only by authority of a judicial decision, and only upon the 
grounds and by the methods of procedure fixed by the laws ; 
the same applies to change of post or superannuation. Age 



THE GEEMAN jCONSTITOTION, 1919 431 

limits may be fixed by legislation, upon reaching which judges 
shall retire. 

Provisional removal from office, occurring by authority of 
the law, is not affected by the above. 

In the case of a change of arrangements in the courts of 
justice or their circuits, the State Administration of Justice may 
order compulsory transfer to another court, or removals from 
office, but only on condition of the retention of the full salary. 

These decisions do not apply to judges on commercial 
tribunals, petty judges and jurymen. 

Article 105. 

Exceptional Courts are illegal. No one may be withdrawn 
from his legal judge. Legal regulations regarding Courts- 
Martial and Summary Military Courts are not affected by the 
above. Military Courts of Honour are abolished. 

Article 106. 

Military jurisdiction is abolished, excepting in time of war 
or on board warships. Details are regulated by a Federal law. 

Article 107. 

In the Federation and the States there shall be, in accord- 
ance with the laws, courts of administration for the protection 
of individuals against regulations and decrees of the administra- 
tive authorities. 

Article 108. 

In accordance with a Federal law, a Supreme Court of 
Judicature will be established for the German Federation. 

PAET II. 

FUNDAMENTAL EIGHTS AND DUTIES OP GERMANS. 
SECTION I. 

THE INDIVIDUAL. 

Article 109. 

All Germans are equal before the law. 

Men and women have in principle equal civic rights and 
duties. 



432 FEDEEAL AND UNIFIED CONSTITUTIONS 

Public and legal privileges or disadvantages of birth or rank 
are to be abolished. Titles of nobility simply form a part of the 
name, and may no longer be conferred. 

Titles may be conferred only when they indicate an office or 
calling, academical degrees not being hereby affected. 

Orders and badges of honour may not be conferred by the 
State. 

No German is permitted to accept a title or order from a 
Foreign Government. 

Article 110. 

Nationality in the Federation and the States is acquired and 
lost according to the provisions of a Federal law. Every subject 
of a State is also a subject of the Federation. 

Every German has the same rights and duties in any State 
of the Federation as the subjects of that State. 



Articles 111 and 112. 

[All Germans have the right of change of domicile in the 
Federation and of emigration from it subject only to restriction 
by Federal law. The Federation extends its protection to all its 
citizens.] 

Article 113. 

[No adverse measures may be taken against sections of the 
population speaking a foreign tongue.] 



Articles 114-118. 

[All Germans are to enjoy personal liberty unless cause is 
shown for their deprivation of it. The residence of a German 
is a sanctuary for him. Punishment may only be inflicted 
according to a penalty previously established by law. Subject 
to Federal law there shall be secrecy of correspondence. Every 
German has, within the limits of general laws, the right to 
freedom of expression.] 



THE GEBMAN CONSTITUTION, 1919 433 

SECTION II. 

THE LIFE OF THE COMMUNITY. 

Articles 119-122. 
[Regulations regarding marriage and education.] 

Articles 123 and 124. 

[All Germans have, subject to Federal law, the right to 
meet for discussion and to form unions and societies.] 

Article 125. 
[Elections are to be free and secret.] 

Article 126. 
[Every German may make petitions regarding grievances.] 

Article 127. 

[Communities have, within the limits of the law, the right of 
self-government.] 

Articles 128-133. 

[Any citizen, male or female, may be eligible for public office, 
and in such office has certain rights and duties. If in the 
execution of one duty, the official neglects another, the State is 
liable. It is every German's duty to undertake honorary posts 
and to do personal service for the State.] 

Article 134. 

[All citizens must contribute to taxation in proportion to 
their means.] 

SECTION III. 

RELIGION AND RELIGIOUS BODIES. 

Articles 135-141. 

[There is to be complete toleration, and no one is to suffer 
political or civil disabilities on account of his religion. There 
is no State Church, but each religious body regulates its own 
affairs as a corporation quite independently. These bodies are 
to have the right of entry for religious purposes to all public 
institutions.] 



434 FEDERAL AND UNIFIED CONSTITUTIONS 
SECTION IV. 

EDUCATION AND SCHOOLS. 

Articles 142-150. 

[The Federal Government, the States and all communities 
shall co-operate in the organization of education, which shall be 
free and compulsory for all. Certain limitations are imposed 
on private schools. All schools are to aim at a national system 
of education, and religious instruction is to be a regular subject. 
Monuments of art, etc., are under the care of the State.] 

SECTION V. 

ECONOMIC LIFE. 

Articles 151-156. 

[Conditions worthy of a human being are to be the basis 
of economic organization. In economic intercourse there is 
freedom of contract. Property is guaranteed but may be ex- 
propriated for the general welfare, and to this end the distribu- 
tion and use of land is superintended by the State, while the 
right of inheritance is guaranteed. The Federation may con- 
vert private concerns, etc., into public property or combine them 
on the basis of self-government.] 

Article 157. 

Labour is under the special protection of the Federation. 
The Federal Government will draw up one uniform labour 
code. 

Article 158. 

Intellectual work, the rights of originators, inventors and 
artists are under the protection and care of the Federation. 

By means of international agreements, acknowledgment 
and protection must be ensured abroad for the creation of 
German science, art, and technical skill. 

Articles 159-165. 

[There is to be freedom of association for all and time for the 
exercise of political rights. The Federal Government will draw 
up a scheme of Insurance and intervene to obtain an inter- 
national regulation of the legal and social conditions of the 



THE GEEMAN CONSTITUTION, 1919 435 

workers. Every German should make the best use of his 
abilities, but should be provided for in case of unemployment. 
The middle class shall be assisted by legislation and protected 
from over taxation. Workmen should co-operate with their 
employers in the regulation of labour conditions. There are 
Trades Workmen's Councils for their protection, and also a 
Federal Council to which social and economic measures must be 
submitted by the Federal Government. The latter regulates 
the spheres of action of these Councils.] 

PROVISIONAL AND CONCLUDING ARRANGEMENTS. 

Articles 166-174. 

[Various temporary arrangements are made for the period 
before certain Articles of the Constitution take effect.] 

Article 172. 

Up to the date at which the Federal law as to the Supreme 
Court of Judicature comes into force, its authority shall be 
vested in a Senate of seven members, four of whom are elected 
by the Reichstag, and three by the High Court of Justice from 
its own numbers. The regulation of proceedings is left to the 
Senate itself. 

Articles 175-177. 

[War decorations not to come within meaning of Article 109. 
All public officials and members of the forces must take an oath 
of allegiance to the Constitution.] 

Article 178. 

The Constitution of the German Empire of 16th April, 1871, 
and the law of 10th February, 1919, as to provisional Imperial 
authority, are repealed. 

The remaining laws and decrees of the Empire remain in 
force, as far as they are not in opposition to the present Con- 
stitution. The provisions of the Treaty of Peace signed at 
Versailles on 28th June, 1919, are unaffected by the Constitu- 
tion. [Regulations of authorities, issued in a legal manner upon 
the basis of existing laws, remain valid until they are annulled 
in the course of the issue of further regulations, or in the course 
of legislation. 

28* 



436 FEDERAL AND UNIFIED CONSTITUTIONS 

Article 179. 

Where, in laws or^decrees, reference is made to regulations 
of arrangements annulled by this Constitution, they are replaced 
by the corresponding regulations or arrangements of this Con- 
stitution. In particular, the National Assembly is replaced by 
the Reichstag, the Committee of the States by the Reichsrat, and 
the President of the Federation, who was elected on the basis of 
the law as to provisional Federal authority, is replaced by the 
President of the Federation elected upon the basis of this Con- 
stitution. 

The powers for the issue of decrees held by the Committee of 
the States in accordance with hitherto existing regulations are 
transferred to the Federal Government ; the consent of the 
Reichsrat is requisite for the issue of decrees, in accordance with 
the provisions of this Constitution. 

Article 180. 

Until the meeting of the first Reichstag, the National 
Assembly will have the status of the Reichstag. Until the first 
Federal President enters upon his office, his work is carried on 
by the President of the Federation elected under the law as to 
provisional Federal authority. 

Article 181. 

The German people, through their National Assembly, have 
carried and decreed this Constitution. It comes into force upon 
the day of its publication. 



INDEX. 



The following abbreviations are employed to indicate the document in which 
the particular passage referred to occurs : (A) Commonwealth of Australia Act, 
1900; (AC) Articles of Confederation of U.S.A., 1777 ; (AFC) Federal Council 
of Australasia Act, 1885 ; (AR) Annapolis Resolutions, 1786 ; (B) Constitution 
of United States of Brazil, 1891 ; (C) Speech of Earl of Carnarvon on Canadian 
Confederation, 1867 ; (Can. 1840) Act uniting Upper and Lower Canada, 
1840 ; (Can. 1867) British North America Act, 1867 and Amendments thereof ; 
(Ch.) Speech of Mr. Joseph Chamberlain on Australian Confederation, 1900; 
(CS) Constitution of Confederate States of America, 1861 ; (DI) Declaration of 
Independence of the Thirteen American Colonies, 1776 ; (ES) Act of Union 
of England and Scotland, 1707 ; (GE) Constitution of North German Confedera- 
tion, 1867, and Empire, 1871 ; (OR) Constitution of German Republic, 1919 ; 
(Grey) Earl Grey's Despatches concerning Responsible Government, 1846 ; (LI) 
Act establishing Leeward Is. Federation, 1871 ; (M) Speech of Attorney-General 
Macdonald on Canadian Confederation, 1865 ; (N) Union (of Utrecht) of the 
Netherlands, 1579 ; (NE) New England Confederation, 1643 ; (NZ 1846) New 
Zealand Act, 1846 ; (NZ 1852) New Zealand Provincial Councils Act, 1852 ; 
(QR) Quebec Resolutions preceding Canadian Confederation, 1864 ; (S 1291) 
League of three Swiss Forest Communities, 1291 ; (S 1815) Swiss Federal Pact, 
1815 ; (S 1874) Swiss Federal Constitution, 1874 ; (SA) South Africa Act, 1909 ; 
(US) Constitution of United States of America, 1787, and Amendments therof. 



ABORIGINES (see Native Affairs). 

Act of Mediation (1803), 26. 

Admission of New States (Provinces, 
etc.), (NE) 51, (US) 92, (CH) 162, 
(Can. 1867) 234, (LI) 269, (A) 
355-56, (SA) 401. 

Allegiance (see Oaths) ; Renuncia- 
tion of, (DI) 70. 

Amendment of Constitution, (AC) 77, 
(US) 93, (CS) 163, (GE) 262, (LI) 
269, (S 1874) 292, (B) 310, (Ch.) 
315, (A) 357-58, (SA) 402, (GR) 
425. 

American Republics, Latin, 34. 

Annapolis, Resolutions (1786), 77-80. 

Appeals (see also Judicature), (Can. 
1867) 224, 236-38, (GE) 261, (Ch.) 
319, 321, (A) 344-45, (SA) 388- 
89, 407. 

Argentine Confederation, 34. 

Army, (N) 45-6, (NE) 53, 66, (DI) 68, 
(AC) 75, (US) 86, 89, (S 1815) 



101, 105, (GE) 243, 256-59, 
(S 1874) 272-74, (A) 343, (SA) 
362, (GR) 419, 426. 

Army, Expenses of, (N) 45, (NE) 52, 
(AC) 73, (S 1815) 101-2, (GE) 246. 

Military Code, (GE) 246, (GR) 431. 

Assent (see Legislation). 

Australasia, Act of Parliament estab- 
lishing Federal Council (1885), 
295-301.; Repealed, (A) 325. 

Australia, Commonwealth of Australia 
Act (1900), 324-58; Differences 
between A. and Canadian Con- 
federation, 39, (Ch.) 313; In- 
fluence of U.S. Constitution, (Ch.) 
313 

Austria," (GR) 421. 

BADEN, 249. 
Bavaria, 243, 249, 259. 
Brazil, Constitution of the United 
States of (1891), 34, 302-11. 



437 



438 FEDEEAL AND UNIFIED CONSTITUTIONS 



British Columbia, (QB) 166, (Can. 
1867) 234. 

Constitution, (QB) 165. 

North America Act (1867), 200- 

35 ; Amendments to, 236-38. 

South Africa Company, (SA) 402. 
Bundesstaat, 5. 

CANADA, 35 sqq. ; Inclusion in U.S., 
(AC) 76 ; Act uniting Upper and 
Lower (1840), 109-25; Federal 
Union in, (M) 186; C. and U.S., 
(M) 186; Separation of Upper 
and Lower, 201 ; Ontario, 214 ; 
Quebec, 215 ; Comparison of C. 
with Australian Confederation, 
(Ch.) 313 ; (see also British 
North America Act). 

Carnarvon, Henry Howard Molyneux 
Herbert, 4th Earl of, Speech on 
Canadian Confederation (1867), 
191-99. 

Chamberlain, Kt. Hon. Joseph, Secre 
tary of State, Speech on Aus 
tralian Confederation (1900), 
311-23. 

Charlottetown, Convention at, (M) 181. 

Church, of England, (ES) 64 sgrq., 
(Can. 1840) 121 ; of Rome, (Can. 
1840) 121 ; of Scotland, (ES) 64. 

Citizenship, (US) 97, (S 1874) 279, 
(B) 309 ; Community of, (ES) 58, 
(AC) 71, (US) 92, (CS) 162, (GE) 
240, (S 1874) 271, (SA) 398, 
(GB) 432. 

Civil Service, (Grey) 136, (A) 343, 
(SA) 362, 899-400; (see also 
Offices). 

Colonies, (GB) 426. 

Commerce between States, (AB) 77, 
(US) 87 ; (see also Trade). 

Committee of States, (AC) 75-6 ; of 
Foreign Affairs, (GE) 243, (GB) 
417 ; (see also Directory). 

Commons, House of, (see Lower 
House). 

Commonwealth (see Australia). 

Communications (Waterways, Bail- 
ways), (S 1815) 107, (QB) 176, 
(Can. 1867) 233, (GE) 260, 
(S 1874) 275, (A) 351-52, (SA) 
393-96, 401, (GB) 428, 429. 



Compulsory Service, (GE) 254, 256, 
(S 1874) 273. 

Confederate States of America, Con- 
stitution of, (1861), 156-63. 

Confederation, Articles of, (US 1777) 
70-77. 

or Union, Purposes of, (S 1291) 

41, (N) 43-4, (NE) 50-1, (ES) 
57, (AC) 71, (US) 80, (S 1815) 
100, 108, (Can. 1840) 109, (CS) 
156, (QB) J64, (M) 179, 181, 
182, (C) 191, 198, (Can. 1867) 
200, (GE) 239, (LI) 263, (S 
1874) 270, (AFC) 295, (Ch.) 
312, (SA) 359, (GB) 408 ; States 
composing, (S 1291) 41, (N) 44, 
(NE) 50, (AC) 71, (S 1815) 
100, (NZ 1852) 146, (GE) 239, 
(S 1874) 270, (AFC) 295, (A) 
224, (SA) 359, 360. 

Canadian, Speech of Attorney- 

General Macdonald (1865), 177- 
90 ; of Earl of Carnarvon (1867), 
191-99; History of Canadian 
Movement towards, (M) 178 ; 
Speech of Mr. Chamberlain 
concerning Australian, (1900), 
311-23. 
Congress (see Legislature). 

of Vienna (1815), 29. 
Consolidated Fund (see Bevenue). 
Consular Service, (GE), 255. 
Convention (Constituent Congress), 

(AB) 78-80, (M) 179, 181, (B) 
311. 

Council, Executive, (see Executive); 
Federal Legislative, (see Upper 
House). 

Coutume de Paris, (C) 197. 

Crown Colony, (AFC) 295. 

Customs, (ES) 58-60, (US) 86, 87, 
(S 1815) 103, (CS) 169, (GE) 
247, 250, (S 1874) 275, 277, (B) 
303, 304, (Ch.) 315, (A) 843, 
348, 352, (SA) 405, (GB) 426; 
(see also Bevenue). 

DECLARATION of Independence of the 
thirteen American Colonies, 
(1776), 19, 66-70. 

Defence, (see Army, Navy), (N) 45, 
(QB) 177. 



INDEX 



439 



Directory, Federal, (S 1815) 105-6; 
(see also Committee of States). 

Disputes (see Legislature, States). 

Dominion of Canada, Establishment 
of, 201. 

Durham, John George Lambton, 1st 
Earl of, views on Canadian Con- 
federation, 35-7, (C) 197. 

ECONOMIC Life, (GB) 434-35. 

Education, (C) 195, (Can. 1867) 222, 
(Can. 1891) 238, (S 1874) 275, 
(SA) 382, 3<J2, (GE) 434. 

Election Disputes, (US) 83, (Can. 
1840) 112, (A) 336; (see also 
Legislature, Lower House). 

Empire, Holy Roman, 6, 7, 11, (N) 
44. 

England, Act of Union with Scotland 
(1707), 56-66. 

- Protection by, (NE) 51. 

Executive (Commissioners, Directory, 
Federal Council, etc.), (NE) 53, 
(US) 87-90, (S 1815) 105, (Can. 
1840) 122, (CS) 157, (QR) 165, 
(M) 188, 190, (Can. 1867) 202, 
(GE) 244, 245, (S 1874) 287-90, 

(B) 307-8, (A) 326, 342-43, (SA) 
361-62, (GR) 409, 416, 417-21 ; 
Appointment and Term of, (US) 
88, 96-7, (S 1874) 288, (B) 307, 
(GR) 417 ; Recommendations of, 
(US) 90 ; Removal of, (US) 89, 
(CS) 161, (GR) 421. 

Council (Federal Council, Mini- 
sters, Privy Council), (Grey) 
128-29, 137-39, (CS) 157, (Can. 
1867) 202, (LI) 264, (B) 308, 
(Ch.) 314, (A) 335, 342, (SA) 
361-62, (GR) 420. 

Extradition (Delivery of Criminals 
between States), (S 1291) 42, 
(NE) 55, (AC) 71, (US) 92. 

FEDERAL Pact (see Switzerland). 
Federalism, in the old British Empire, 

17 sgg. 
Federation, Contrast with Legislative 

Union, 2 sqq., 37, (M) 184-86, 

(C) 196. 
Finance (see Revenue). 



I Foreign Affairs, (AC) 72, (GE) 243, 

(GR) 417, 425. 

Franchise (see Lower House). 
Fundamental Conditions (see Supreme 

Law), (ES), 66, (B) 310. 

GERMAN Empire, Constitution of, 
(1871) 239-62. 

Republic, Constitution of, (1919), 
32-3, 408-36. 

Ghent, Pacification of, (N) 43. 

Government, Reasons for institution 
of, (DI) 67; Defects in System 
of, (AR) 79, (M) 178, 183; Re- 
publican form guaranteed, (US) 
92, (S 1874) 271, (B) 302, (GR) 
408, 418; Republican and mon- 
archical contrasted, (C) 197. 

Great Britain, Attitude towards 
Colonies, 19, (M) 190 ; Responsi- 
bilities of, (Ch.) 316, 322-23. 

Grey, Henry, 3rd Earl, Despatches 
concerning Responsible Govern- 
ment (1846), 126-38. 

Guarantees (N) 44, (NE) 51, (DI) 70, 
(US) 92, (S 1815) 100, (S 1874) 
271, 286, (A) 355. 

HAMILTON, Alexander, 23. 
Hanover, Kingdom of, 8. 
Hanseatic League, 10-11 ; Towns, 
247. 

IMPEACHMENT, (US) 82, 90, (CS) 156, 
(GR) 421. 

Imperial Parliament, Authority of, 
(DI) 69, (Can. 1840) 122, (QR) 
177, (Can. 1867) 200, 230, (LI) 
263, (Ch.) 316, 322. 

Income Tax, (US) 99. 

Inter-Colonial Railway (see Com- 
munications). 

International Law, (GR) 409. 

Inter-State Commission, (A) 352; 
(see also Communications). 

Intoxicating Liquor, Prohibition of, 
(US) 99. 

JESUITS, Order of, (S 1874) 281. 
Judicature, (S 1291) 42, (ES) 60, (US) 
90-93, (Can. 1840) 122, (QR) 



440 FEDEEAL AND UNIFIED CONSTITUTIONS 



171, (Can. 1867) 224, (GE) 261, 
(S 1874) 290-92, (B) 308, (A) 
843-46, (SA) 886-91, (GB) 430- 
3d. 

Judicial Committee (see Privy Coun- 
cil). 

Jury, Trial by, (US) 91, 95, (A) 346. 

LABOUR, Code, (GB) 434; Freedom 
of Association, (GB) 434. 

Lands, (DI) 68, (Can. 1840) 121, 
(NZ 1852) 155, (QB) 175, 
(Can. 1867) 226, (SA) 393. 

Languages, Official, (Can. 1840) 120, 
(Can. 1867) 230, (SA) 377, 398, 
400. 

Law, Supreme, (US) 93, (A) 325, 
(GB) 412. 

Laws, Uniformity or Inconsistency of, 
(M) 185, (C) 195, 197, (Can. 
1867) 223, (Ch.) 322, (A) 354. 

Leeward Islands, Federation of, 
(1871), 263-69. 

Legislation, Assent to and Veto upon, 
(DI) 67, (US) 84, (Can. 1840) 
117, (LI) 267, (AFC) 299, (Ch.) 
321, (A) 341; Disallowance of, 
(Can. 1840) 118, (NZ 1852) 149, 
153, (LI) 267, (SA) 377; Initia- 
tion of, (Grey) 137, (NZ) 152, 
(GE) 245, 2)0, (LI) 267, (AFC) 
299, (B) 305, (SA) 376, (GB) 
421, 423; Beservation of, (DI) 
67, (Can. 1840) 118, 122, (NZ 
1852) 148, 153, (QB) 173, (Can. 
1867) 211, 219, (LI) 268, (A) 
341, 345, (SA) 377, 407 ; Bestric- 
tion upon, (Can. 1840) 114, (NZ 
1852) 148, (CS) 160, (QB) 173 ; 
Tacking, (CS) 160, (A) 340. 

Legislative Assembly (see Lower 
House). 

Legislature (Parliament, Congress, 
States-General, Diet, Commis- 
sioners, Federal Council of Aus- 
tralasia), (N) 48-9, (NE) 53-5, 
(ES) 58, (AC) 72, (US) 81, 
(S 1815) 105, (Can. 1840) 110, 
(NZ 1846) 140, (NZ 1852) 151, 
(QB) 165, (C) 191, (Can. 1867) 
203, (GE) 239, 241, (LI) 264-65, 
(S 1874) 284, (AFC) 296, (B) 



304-7, (A) 326-42, (SA) 362-78, 
(GB) 414-17; Disputes between 
Houses, (Grey) 127, (Ch.) 314, 
(A) 340, (SA) 376, (GB) 424; 
Duration, Annual Sessions, etc., 
(NE) 54, (AC) 72, (US) 83, (Can. 
1840) 116, (QB) 168, (Can. 1867) 
204, (GE) 244, (AFC) 296, (A) 
327, (SA) 363, (GB) 415 ; Place 
of Holding, (Can. 1840) 116; 
Powers, Exclusive and Con- 
current, (S 1815) 105, (NZ 1852) 
151, (QB) 169-70, (Can. 1867) 
219, 223, (S 1874) 285-87, (SA) 
375 ; (see also Powers) ; Privilege, 
(AC) 72, (US) 84, (GE) 247, 
(GB) 417. 

Loans (see Public Debts). 

Lombard League (1167), 7. 

Lower House (Chamber of Deputies, 
House of Commons, House of 
Bepresentatives, Legislative As- 
sembly, Beichstag) ; (see also 
Legislation, Legislature). (US) 
81, (Can. 1840) 112, (NZ 1846) 
140, (NZ 1852) 151, (Can. 1867) 
207, (GE) 245, (S 1874) 284, (B) 
305, (Ch.) 311, (A) 331-34, (SA) 
366-72, (GB) 414-17; Apportion- 
ment of Bepresentation, (US) 
81, 97, (Can. 1840) 113, (QB) 
167, (M) 183, (C) 192-93, (Can. 
1867) 207, 210, (GE) 245, (A) 
331, (SA) 366; Duration and 
Dissolution, (GE) 246, (S 1874) 
284, (A) 332, (SA) 372, (GB) 
418; Electors, Electoral Divi- 
sions, (US) 81, 100, (Can. 1840) 
113, (Can. 1867) 207-8, (A) 332, 
(SA) 368-71, 398, (GB) 414; 
Procedure, (US) 83, (GE) 246, 
(S 1874) 285, (A) 334, 336, (SA) 
372, (GB) 415; Quorum, (Can. 
1840) 116, (Can. 1867) 219, (A) 
334, (SA) 372 ; Speaker, (US) 82, 
(Can. 1840) 116, (Can. 1867) 
209, (S 1874) 285, (A) 333, (SA) 
372, (GB) 415. 

MAODONALD, John, (Sir), Attorney- 
General of Canada, Speech on 
Confederation (1864), 177-99. 



INDEX 



441 



Maritime Provinces (see New Bruns- 
wick, Nova Scotia). 

Ministry (see Executive Council). 

Molesworth, Sir William, 36. 

Money Bills, (US) 84, (Can. 1867) 
211, (LI) 267, (A) 339, 347, (SA) 
375 ; (see also Legislation, 
Initiation of, and Eevenue). 

Municipalities, (NZ 1846) 139 sqq., 
(B) 309, (SA) 385. 



NATIVE Affairs and Territories, (NE) 
50 sqq., (DI) 69, (AC) 74, (NZ 
1846) 142, (NZ 1852) 154-55, 
(A) 357, (SA) 363, 368, 400, 401, 
402-7. 

Navy, (US) 89, (GE) 243, 254. 

Netherlands, Act of Union of, (1579), 
12-15, 25, 43-50. 

New Brunswick, (C) 198, (Can. 1867) 
218, 223. 

New England, Confederation of, 
(1643), J6, 50-56. 

Newfoundland, (QB) 165, (Can. 1867) 
234. 

New Zealand, Act for Municipal 
Corporations in, (1846), 139-45 ; 
Act for Provincial Councils in, 
(1852), 146-55 ; and Australasian 
Federal Council, (AFC) 301 ; and 
Australia, (Ch.) 317, (A) 325. 

North German Confederation, Con- 
stitution of, (1867), 31, 239. 

North- West Territory, (QB) 166, 
(Can. 1867) 234. 

Nova Scotia, 126-38, (C) 198, (Can. 
1867) 218, 223. 



OATHS, (S 1291) 42, (N) 50, (US) 89, 
93, (Can. 1840) 115, 117, (Can. 
1867) 229, (GE) 245, (LI) 266, 
(AFC) 297, (A) 334, 358, (SA) 
372, (GB) 418. 

Offices, Distinction between Political 
and Non-political, (Grey) 133 ; 
Tenure of, (Grey) 135. 

Officials, Officers, Nomination of, 
(DI) 68, (US) 90, (GE) 245, 258, 
(LI) 264; (see also Civil Service). 

Ontario (see Canada). 



PARDON, Prerogative of, (US) 89, (QB) 
173, (GB) 419; (see also Pre- 
rogative). 

Parliament (see Legislature). 

of Germany, (1848), 30. 

People, Establishment ot Constitu- 
tion by, (US) 80, (A) 224, (GB) 
408 ; (see also Bights). 

Posts and Telegraphs, (AC) 74, (GE) 
251, (S 1874) 278, (GK) 428. 

Powers, Distribution of, (AC) 74, (US) 
81, 85-6, 96, (S 1815) 105-6, 
(NZ 1846) 141, (NZ 1852) 147, 
(CS) 158, (QB) 169, 172, (C) 
193, 196, (Can. 1867) 219, 223, 
(GE) 240, 248, (LI) 265, (S 1874) 
passim, (AFC) 298, (B) 305-7, 
310, (Ch.) 315, (A) 336-39, 349, 
(GB) 409-11, 427 ; (see also 
States, Taxation, Treaties). 

Bestrictions upon, (AC) 76, (US) 

86, 87. 
Prerogative, Safeguard of, (Can. 

1840) 119, 121; Delegation of 

Powers of, (NZ 1846) 144, (NZ 

1852) ]55, (LI) 269. 
Prince Edward Island, 234. 
Privilege, (N) 49, (S 1815) 105, (GB) 

432. 
Privy Council (see Executive Council). 

Council, Judicial Committee of, 

(Can. 1867) 238, (Ch.) 321, (A) 
345, (SA) 388-89; (see also 
Appeals). 

Prohibition (see Intoxicating Liquor). 

Provinces (see States). 

Prussia, Presidency of German Con- 
federation, 30-33, (GE) 244; 
Military Code of, (GE) 256. 

Public Debt, (Loans), (AC) 76, (US) 
85, 98, (S 1815) 107, (QB) 175, 
(Can. 1867) 225, 226, 233, (GE) 
260, (B) 310, (A) 353, (SA) 393 ; 
(see also States). 



QUEBEC (see Canada), (Can. 1867) 
215 ; Appeals from Courts of, 
237 ; Convention at, (1864), (M) 
182; Q. Besolutions preceding 
Confederation, (1864) 164-77. 

Act (1774), 121. 



FEDEBAL AND UNIFIED CONSTITUTIONS 



RAILWAYS (see Communications). 

Ratification (or Acceptance) of Con- 
stitution, Method of, (S 1291) 
43, (N) 50, (NE) 56, (US) 94, 
(S 1815) 108, (CS) 164, (AFC) 
301, (B) 811, (GR) 436. 

Rebellion, Duty of, (DI) 67. 

Reciprocity Treaty, (M) 187. 

Records, Public, (US) 92, (Can. 1867) 
2b3. 

Referendum, (S 1874) 287, 293, (Ch.) 
315, (A) 357-58, (GR) 424, 
425. 

Religion, (NE) 50, (ES) 64, (S 1874) 
281, (A) 354, (GR) 433. 

Religious Communities, (S 1815) 107, 
(S 1874) 282; Endowments, 
(Can. 1840) 121; Establish- 
ment, (ES) 64 s^., (CS) 160; 
Minorities, (N) 47, (C) 196; 
Tests, (US) 93. 

Representation of States and People, 
(AC) 72, (GE) 242, 247. 

Representatives, House of (see Lower 
House). 

Republican Form of Government 
(see Government). 

Resolutions, Annapolis, (1786), 77- 
80 ; Quebec (1864), 164-77. 

Responsible Government, 37-38 ; Earl 
Grey's despatches concerning, 
(1846), 126-38 ; Merits of, 189 ; 
Provisions for, (A) 342, (SA) 362, 
(GR) 420. 

Revenue (see also Customs).Appropria- 
tion of, (see also Money Bills), 
(US) 87, (Can. 1840) 128, (NZ 
1846) 144, (NZ 1852) 148, 152, 
(CS) 157, 159, (Can. 1867) 211, 
219, (A) 339,347, ($A) 875, (GR) 
427 ; Civil List, (NZ 1846) 144 ; 
Consolidated Fund, (Can. 1840) 
123-24, (Can. 1867) 225, 229, 
(A) 346, (SA) 391 ; Sources, (AC) 
'<3, (GE) 248, 249, 260; (see also 
States, Taxation). 

Rhenish Confederation (1254), 8. 

Rights of People, (DI) 67, (US) 
94-5, 98, (CS) 160, (S 1874) 
279-80, etc., (B) 310, (GR) 431- 
82. 

Rupertsland, 284. 



SAXONY, 243. 

Scotland, Act of Union with England 
(1707), 56-66. 

Seat of Government, (QR) 174, (Can. 
1867) 203, 214, (B) 302, (A) 356, 
(SA) 362, 363, 385, 390, 397. 

Senate (see Upper House). 

Shipping, (GE) 254, (A) 315, (GR) 
426, 430. 

Slavery (Slaves, Bond Servants), (NE) 
55, (US) 92, 97, 99, (OS) 159, 
163. 

South Africa, 39, Act establishing 
Constitution of the Union of, 
(1909), 359-407. 

Sovereignty, Introduction, passim, 
(AC) 71, (S 1815) 100, (M) 189, 
190, (S 1874) 270, (B) 304. 

Staatenbund, 5. 

States (Colonies, Provinces, Can- 
tons, Presidencies), (NZ 1846) 
140, (NZ 1852) 146, (Can. 1867) 
212, etc. ; (GE) 240, (S 1874) 
271, (B) 302, (A) 353-55, (SA) 
378-85, (GR) 412, etc. ; Alliances 
within Confederation, 27, (AC) 
72-3, (S 1815) 104, (see also 
Treaties) ; Appeals of, (Ch.) 320 ; 
Armies of, (GE) 258-59 ; Com- 
merce between, (AR) 77; Com- 
mittee of, (AC) 75-6, (see also 
Directory) ; Consolidated Fnnd 
of, (Can. 1867) 229, (SA) 383 ; 
Consuls of, (ES) 59, (GE) 255 ; 
Contributions from Central 
Government, (QR) 176, (Can. 
1867) 227, (S 1874) 276, (LI) 
268; Contributions to Central 
Government or Confederation, 
(AC) 73, (GE) 249, 260, (AFC) 
301, (A) 349, (SA) 892; Debts 
of, (QR) 175, (Can. 1867), 225-26, 
233, (A) 353, (SA) 392-93; 
Differences between, (S 1291) 
43, (N) 45, 47, (NE) 55, 56, 
(AC) 74, (S 1815) 103, (GE) 
261, (S 1874) 272, (GR) 414; 
Establishment of New S. or P., 
(NZ 1846) 140, (NZ 1852) 146, 
(A) 356, (SA) 359 ; Executive of, 
(NZ 1852) 146, (QB) 171, (Can. 
1867) 212-18, 231, (SA) 878, 



INDEX 



443 



380-81, (GB) 416; Legislature 
of, (NZ 1846), (NZ 1852) 146, 
(QB) 171, (Can. 1867) 214-16, 
(SA) 378-79 ; Ministers of, (Can. 
1867) 231; Mutual help of, 
(S 1291) 41, (N) 44-5, (NE) 51-3, 
(S 1874) 272 ; Powers of, (S 1815) 
105, (NZ 1846) 140, (NZ 1852) 
147, 152, (QB) 172, (C) 195, 
(Can. 3867) 214, 220, 223, (GE) 
248, 261, (B) 304, 309, (A) 353, 
(SA) 382-83, (GB) 411 ; Recom- 
mendations to Central Legisla- 
ture, (SA) 383 ; Bestrictions upon 
Powers of, Subordination of, (US) 
87, (S 1815) 107, (NZ 1846) 
142, (CS) 160, (QB) 173, (M) 
190, (C) 193, (LI) 266, (B) 304, 
309, (A) 354 ; Bights, 23-4, (AC) 
71, (CS) 163, (M) 189, 190, (GB) 
262, (S 1874) 270, (Ch.) 313; 
Votes of, (AC) 72, (GE) 242. 

Succession to Throne, (ES) 57-8, 65. 

Supreme Court (see Judicature). 

Switzerland, 8-10, 25; Perpetual 
League, (1291), 41-3; Federal 
Pact (1815), 100-108; Federal 
Constitution, (1874) 270-94. 

TACKING (see Legislation). 

Taxation, Powers concerning, (see 
also Powers, States), (C) 199, 
(GE) 248, (S 1874) 277, (GB) 
411. 

of Colonies, (DI) 69, (Can. 1840) 

122. 
Territories, (US) 92, (CS) 163, (SA) 

402-7. 
Titles of Nobility, Decorations, (AC) 

73, (US) 87, (S 1874) 272, (GB) 

432, 435. 
Trade, Freedom of, (AB) 77, (US) 87, 

(S 1815) 106, (Can. 1867) 228, 

(GE) 247, (A) 350, (SA) 398. 
Treason, (US) 91. 
Treaties and Powers concerning, 

(N) 46-7 (US) 90, (S 1815) 105, 

(Can. 1867) 230, (GE) 244, (SA) 

401, (GB) 418. 

between States of Confederation, 

(AC) 73, (US) 87, (GE) 240, (S 
1874) 271. 



Treaty of Paris (1763), (C) 197. 

Versailles (1919), (GB) 408 

n., 421 n., 435. 

UNION, Act of, between England and 
Scotland (1707), 56-66. 

Contrast with Federation, 3 sqq., 
(M) 184-36, (C) 196 ; Purpose of, 
(see Confederation). 

United States of America, 6, 19-25 ; 
Declaration of Independence, 
(1776), 66-70; Articles of Con- 
federation, (1777), 70-77; An- 
napolis Besolutions, (1786), 77- 
80; Constitution (1787) and 
Amendments, 80-100, (M) 187, 
(Ch.) 313 ; Constitution estab- 
lished by people, (US) 80 ; Be- 
lations with Canada, (M) 186-87. 

Brazil (see Brazil). 

Unterwalden (see Switzerland). 

Upper House (Senate, House of Lords, 
Legislative Council, Bundes- 
rath), (ES) 61, (US) 82, (NZ 
1846) 140, (Can. 1867) 204, (GE) 
242, (LI) 264, (S 1874) 285, (Ch.) 
314, (A) 327-31, (SA) 363-65, 
(GB) 421; Appointment to, 
Method of, (ES) 61, (US) 82, 
99, (Can. 1840) 110, (Grey) 127, 
(NZ 1852) 150, (QB) 166, (C) 
191, (Can. 1867) 205, (S 1874) 
285, (AFC) 296, (A) 327-28, (SA) 
363-64, (GB)421 ; Appoitionment 
of Bepresentation in, (US) 82, 
(QB) 165, (Can. 1867) 204, (GE) 
242 (LI) 264-65; Committees, 
Permanent, (GE) 243; Nomina- 
tion of Officers approved by, (US) 
90 ; Powers and Bestrictions 
upon, (GE) 242, (LI) 265, (AFC) 
298, (A) 339, (SA) 375; Pro- 
cedure, (US) 83, (Can. 1840) 112, 
(LI) 267, (S 1874) 285, (AFC) 
297, (A) 330, (SA) 365 ; Qualifica- 
tion for, (US) 82, (Can. 1840) 111, 
(NZ 1852) 151, (QB) 166> (Can. 
1867) 204, (A) 330, (SA) 364; 
Quorum, (Can. 1840) 112, (Can. 
1867) 207, (LI) 267, (A) 330, 
(SA) 365; Batification of 
Treaties, (US) 90; Speaker 



444 FEDERAL AND UNIFIED CONSTITUTIONS 



(President) of, (US) 82, 97, (Can. 
1840) 112, (QK) 166, (Can. 1867) 
207, (LI) 266, (S 1874) 285, 
297, (B) 305, (A) 380, 



(SA) 365 ; Tenure of Appoint- 
ment, (US) 82, 99, (Can. 1840) 
111, (Can. 1867) 206, (B) 305. 

Uri (see Switzerland). 

Utrecht, Union of (L679), 43-50. 

VETO (see Legislation). 



WAR, Deolaration of, (N) 46, (NE) 
55, (US) 85, (S 1815) 105, (GE) 
244, (S 1874) 271; Right of 
engaging in, (AC) 73. 

Western Australia, (Ch.) 317-18, (A) 
325. 

Woman Suffrage (see Franchise). 

Wurtemberg, 243, 249, 259. 



ZOLLVEBEIN, 29 ; (see also Customs). 



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